HomeMy WebLinkAboutCouncil Resolution 961RESOLUTION NO.~~~
A RESOLUTION ENDORSING AN OUTDOOR AMPHITHEATER AGREEMENT WITH
THE JACKSON COUNTY FAIR BOARD AND AUTHORIZING THE MAYOR TO ACT ON
THE CITY'S BEHALF
WHEREAS, Central Point is growing and developing around the Jackson County Fair
Grounds and Exposition Park (Expo); and
WHEREAS, the Expo also continues to be developed, and construction of an outdoor
amphitheater (the "Amphitheater") to be used for concerts is anticipated; and
WHEREAS, The making, creation or maintenance of excessive noises emanating from
the anticipated Amphitheater which are prolonged in time may be a detriment to the public
health, comfort, convenience, safety, welfare and prosperity of those persons residing within
close proximity of the Expo; and
WHEREAS, Central Point's Quality of Life and Economic Development are both of pre-
eminent importance to the City; and
WHEREAS, the City of Central Point wishes to respond to the concerns of its citizens,
property owners, local and county officials and come together to develop innovative solutions;
and
WHEREAS, the City and County have worked out a mutually acceptable Outdoor
Amphitheater Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CENTRAL POINT, OREGON, that the Mayor is hereby authorized to enter into an Outdoor
Amphitheater Agreement with the Jackson County Fair Board and to act on the City's behalf in
all matters peirtaining to this agreement.
Passed by the Council and signed by me in authentication of its passage this ~~day of
December, 2002.
Mayor ill Walton
ATTES
City Representative ./~
Approved by me this ~' ~ 21ay of December, 2002.
Iviayor Bill Walton
Vol
BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COUNTY
FOR THE STATE OF OREGON
IN THE MATTER OF REGULATING SOUND LEVELS )
AT THE PROPOSED AMPHITHEATER TO BE )
CONSTRUCTED AT THE JACKSON COUNTY )
FAIRGROUNDS AND EKPOSITION PARK, AND ) ORDINANCE No.d 6G~2 ~y
PROVIDING FOR ENFORCEMENT OF SUCH )
REGULATIONS AT THE AMPHITHEATER )
The Board of County Commissioners of Jackson County ordains as follows:
Section 1. DECLARATION OF PURPOSE. It is hereby found and declared that:
(a) Residential development has occurred and is occurring in areas of close proximity to
the Jackson County Fairgrounds and Exposition Park;
(b) The Jackson County Fairgrounds and Exposition Park continues to be developed, and
construction of an outdoor amphitheater (the "Amphitheater") to be used for concerts is
anticipated;
(c) The making, creation or maintenance of excessive noises emanating from the
anticipated outdoor amphitheater which are prolonged in time may be a detriment to the public
health, comfort, convenience, safety, welfare and prosperity of those persons residing within
close proximity of the Jackson County Fairgrounds and Exposition Park.
Section 2. NOISE DISTURBANCE PROHIBITED. No person shall cause or permit
sound to be produced at the Amphitheater in excess of the levels established by the Tackson
County Fair Board pursuant to ORS 565.240. Sound levels shall be measured by a sound level
meter located at the Amphitheater's sound control board located approximately 140 feet directly
in front of the Amphitheater stage.
Section 3. ENFORCEMENT RESPONSIBILITY AND AUTHORITY. This
ordinance shall be enforced by the peace officers of the Jackson County Fair Board pursuant to
ORS 565.240 and ORS 565.640, Jackson County code enforcement officers and/or deputies of
the Jackson County Sheriff.
Ordinance -1-
u~U~-~~/
Agreement
BY: JACKSON COUNTY FAIR BOARD (the "Fair Board")
AND: THE CITY OF CENTRAL POINT (the "City")
DATE:
Recitals
2002
A. The Fair Board has filed an application with Jackson County for a conditional use pernlit
to construct and operate an outdoor amphitheater (the "Amphitheater") at the Jackson
County Fairgrounds and Exposition Park (the "Expo"); and
B. The Expo is located within an unincorporated portion of Jackson County, adjacent to the
City; and
C. Jackson County has not adopted an ordinance regulating noise or sound levels within the
unincorporated areas of the county; and
D. The Fair Board and the City both desire that perfonnances at the Amphitheater not
disturb the peace and comfort of residents living in proximity to the Expo; and
E. The Fair Board and the City both agree that it is preferable to address concerns about
sound levels from performances at the Amphitheater through negotiation rather than an
adversarial land use process.
Agreement
NOW THEREFORE, the parties agree as follows:
1. Definitions. As used in this Agreement:
(a) "A-scale (dBA)" means the sound level in decibels measured using the
A-weighted network as specified in American National Standard Specification for
Sound Level
Meters (ANSI S1.4-1971).
(b) "Decibel (dB)" means a unit for measuring the volume of a sound, equal
to 20
times the logarithm to the base 10 of the ratio of the pressure of the sound
OUTDOOR AMPHITHEATER AGREEMENT
Page - 1 -
measured to the
reference pressure. The reference pressure is 20 micropascals (20 micronewtons
per square
meter).
(c) "Impulse sound" means a single pressure peak or single burst (multiple
pressure
peaks) for a duration of less than one second as measured on a peak unweighted
sound level
meter.
(d) "Leq average" means equivalent steady state sound level in "A" weighted
decibels for a state period of time that contains the acoustical energy as the actual
time varying sound level for the same period of time.
(e) "Sound level" in dBA, means the weighted sound pressure level,
measured by the
use of an A-weighted sound level meter set at a fast meter response.
(f) "Sound level meter" means a sound level measuring device, either Type 1
or Type
2, as defined by American National Standard Specification for Sound Level Meters
(ANSI
S1 .4-1971).
(g) "Sound pressure level," in dB, is 20 times the logarithm to the base 10 of
the ratio
of the root-mean square of the pressure of a given sound to the reference pressure.
The reference
pressure is 20 micropascals (20 micronewtons per square meter).
2. Sound/Noise Mitieation; State Noise ReQUlations. The Amphitheater will
operate in compliance with the Oregon noise standards of the Oregon Department of
Environmental Quality as set forth in Oregon Administrative Rules (OAR) Chapter 340, Division
035. The Fair Board will undertake the following measures to monitor sound levels at the
Amphitheater and minimize sound impacts produced by outdoor events at the Amphitheater,
pursuant to the approved plans for the Amphitheater:
A. The Fair Board will acquire reliable, accurate equipment to monitor,
measure and record sound levels for amphitheater events. The equipment
shall be capable of calculating Leq noise levels. Sound measurements will
be taken from the sound control booth located inside the Amphitheater
approximately 140 feet from the stage. Sound levels at the sound control
OUTDOOR AMPHITHEATER AGREEMENT
Page - 2 -
both shall be monitored continuously during performances and
measurements shall betaken every minute for the duration of the show.
Initially, sound levels shall be regulated by the Fair Board to achieve
sound levels that do not exceed an Leq average of: (i) 95 A-scale (dBA)
for a cumulative total of greater than one minute, but less than five
minutes or more in any ten minute period, or (ii) an impulse sound which
has a peak sound pressure level in excess of 101 decibels. However, as
provided by Section 6 of this Agreement, the Fair Board and the City shall
meet annually to discuss whether adjustments (either up or down) should
be made to the sound levels contained in this paragraph. Any adjustments
to the sound levels shall be made by the Fair Board by rule making
pursuant to ORS 565.240.
B. The Fair Board shall keep the following records for all Amphitheater
events:
(I) Recorded sound levels produced by the sound equipment acquired
by applicant;
(2) A record of the nature of the event including weather/temperature
conditions, event time and duration, and whether sound for the
event was electronically amplified; and
(3) Total paid attendance.
C. The records identified in paragraph "B" above are public records, and shall
be available for inspection and/or copying as provided by ORS 192.410 et
seq.
3. Enforcement. A maximum of two (2) written warnings will be issued for
violation of sound levels contained within this Agreement. A written notice of violation shall be
issued in the event that a third violation occurs, and in such event the promoter shall pay
liquidated damages in the amount of $10,000. In the event that a fourth violation occurs, the
performing artist's soundboard operator shall be asked to relinquish operation of the soundboard;
if the soundboard operator refuses to relinquish control of the soundboard, the Fair Manager or
the Manager's designee shall request that the soundboard operator be cited for trespass by
Jackson County Sheriff's deputies and/or the peace officers of the Jackson County Fair Board
pursuant to ORS 565.240 and ORS 565.640. Copies of violation documentation shall
accompany all written warnings and notices of violation. All written warnings and notices of
violation shall be issued prior to the conclusion of any concert. Fifty percent (50%) of all
liquidated damages collected shall be distributed to the City within thirty (30) days of receipt by
the Fair Board.
OUTDOOR AMPHITHEATER AGREEMENT
Page - 3 -
4. FIV Arrangement. Whenever feasible in the opinion of the Fair Manager and the
performing artist, the speakers at the Amphitheater shall be placed in a "fly" arrangement, i.e. the
speakers will be suspended from the canopy of the stage and angled down towards the audience.
The Fair Board shall provide the necessary hardware for hanging the speakers; the speakers
themselves shall be provided by the performing artist.
5. Land Use Application. In consideration for the Fair Board's agreement to limit
and monitor sound levels, and to require in its contracts with performing artists that the
performing artist pay liquidated damages for exceeding the sound levels for the Amphitheater
established by the Fair Board, the City agrees that it will not oppose the Fair Board's conditional
use permit application at any stage of the process, including before the Jackson County hearings
officer, the Land Use Board of Appeals, the Court of Appeals or the Supreme Court. A copy of
this Agreement may be submitted into the Record of the proceedings before the Jackson County
hearings officer as confirmation that the City does not oppose issuance of the conditional use
permit.
6. Annual Meetines.
(a) An Amphitheater Evaluation Committee composed of three (3) representatives
selected by the Fair Board, three (3) representatives selected by the City and one (1)
representative selected by the Central Point Chamber of Commerce shall meet annually on the
second Tuesday of each November at 10:00 a.m. This annual meeting shall beheld at the Fair
Board offices, or at such other time, date and place if agreed to by all seven (7) representatives
designated above. To participate in this annual meeting, each participant must have written
authorization from the organization he or she represents.
(b) This annual meeting shall be chaired by the committee's Chamber of Commerce
representative, or such other representative selected by a majority of representatives in attendance
at the annual meeting, if the Chamber's representative fails to attend or refuses or is unable to
conduct the meeting for any reason. A quorum shall be a majority of the committee in
attendance as provided in ORS 174.130. Matters of parliamentary procedure shall be governed
by Robert's Rules of Order Revised.
(c) The purpose of the Amphitheater Evaluation Committee is to discuss the effects
of the Amphitheater operations on the residents who live in the vicinity of the Amphitheater, and
to recommend adjustments (either up or down) in the Fair Board's rules governing sound levels
at the Amphitheater for the concert season imrnediately following the annual meeting.
(d) The committee's Chair shall file with the Fair Board and the City a written report
of the committee meeting, including the committee's recommendations, if any. The report shall
be filed by the Chair within seven (7) days following the committee meeting. In the event the
Chair's report is not filed within seven (7) days following the committee meeting, any three
OUTDOOR AMPHITHEATER AGREEMENT
Page-4-
members of the committee who joie together may prepare, sign and f le their own report of the
committee meeting, in lieu of the Chair's report. Within 30 days after receiving the report, the
Fair Board shall notify the City of the Fair Board's determination regarding any
recommendations reached by the committee. In the event the Fair Board takes any action
inconsistent with the committee's recommendations, or refrains from taking auy action
recommended by the committee, or, if the Fair Board fails to send the City and the Fair Board's
determination regarding the committee's recommendations, if the any, the City shall have
standing to appeal the matter to the Jackson County Board of Commissioners. The City shall
send a copy of the notice of appeal to the Board of Commissioners by certified or registered mail.
Notice of a public hearing by the Board of Commissioners shall be published as provided by
ORS 192.640, and the public hearing shall be held within 60 days after the City's notice of
appeal is mailed. Public comments shall be allowed at the public hearing.
7. Sound EnEineer. The Fair Board shall engage a qualified sound engineer to be
present at the soundboard during major amplified events at the Amphitheater. The engineer shall
ensure that sound levels do not exceed maximum levels established by this Agreement.
8. Entire Agreement. This Agreement represents the entire agreement
between the Fair Board and the City relating to the conditional use permit and
sound levels of concerts at the Amphitheater, and shall supersede all previous
communications, representations, or agreements, whether verbal or written,
between the parties hereto with respect to the conditional use permit and sound
levels of concerts at the Amphitheater. Any modifications, changes, additions, or
deletions to this Agreement must be approved by the Fair Board and the City in
writing and attached and incorporated by reference into this Agreement.
CITY OF CENTRAL POINT JACKSON COUNTY FAIR BOARD
By:
Title:
Date:
By:
Title:
Date:
OUTDOOR AMPHITHEATER AGREEMENT
Page-S-
-; ;
r. .,
Agreement
BY: JACKSON COUNTY FAIR BOARD (the "Fair Board")
AND: THE CITY OF CENTRAL POINT (the "City")
DATE: / ~r ~' ~~ _~_, 2002
Recitals
A. The Fair Board has filed an application with Jackson County for a conditional use permit
to construct and operate an outdoor amphitheater (the "Amphitheater") at the Jackson
County Fairgrounds and Exposition Park (the "Expo"); and
B. The Expo is located within an unincorporated portion of Jackson County, adjacent to the
City; and
C. Jackson County has not adopted an ordinance regulating noise or sound levels within the
unincorporated areas of the county; and
D. The Fair Board and the City both desire that performances at the Amphitheater not
disturb the peace and comfort of residents living in proximity to the Expo; and
E. The Fair Board and the City both agree that it is preferable to address concerns about
sound levels from performances at the Amphitheater through negotiation rather than an
adversarial land use process.
Agreement
NOW THEREFORE, the parties agree as follows:
1. Definitions. As used in this Agreement:
(a) "A-scale (dBA)" means the sound level in decibels measured using the
A-weighted network as specified in American National Standard Specification for
Sound Level
Meters (ANSI S1.4-1971).
(b) "Decibel (dB)" means a unit for measuring the volume of a sound, equal
to 20
times the logarithm to the base 10 of the ratio of the pressure of the sound
1,
OUTDOOR AMPHITHEATER AGREEMENT
Page - 1 -
. _. __,; r
measured to the
reference pressure.
per square
meter).
The reference pressure is 20 micropascats (20 micronewtons
(c) ".Impulse sound" means a single pressure peak or single burst (multiple
pressure
peaks) for a duration of less than one second as measured on a peak unweighted
sound level
meter.
(d) "Leq average" means equivalent steady state sound level in "A" weighted
decibels for a state period of time that contains the acoustical energy as the actual
time varying sound level for the same period of time.
{e) "Sound lave{" in dBA, means the weighted sound pressure level,
measured by the
use of an A-weighted sound level meter set at a fast meter response.
(f) "Sound level meter" means a sound level measuring device, either Type 1
or Type
2, as defined by American National Standard Specification far Sound Level Meters
(ANSI
S1.4-1971).
(g) "Sound pressure level," in dB, is 20 times the logarithm to the base 10 of
the ratio
of the root-mean square of the pressure of a given sound to the reference pressure.
The reference
pressure is 20 micropascats (20 micronewtons per square meter).
2. SoundlNoise Mitigation; State Noise Regulations. The Amphitheater will
operate in compliance with the Oregon noise standards of the Oregon Department of
Environmental Quality as set forth in Oregon Administrative Rules (OAR) Chapter 340, Division
035. The Fair Board will undertake the following measures to monitor sound levels at the
Amphitheater and minimize sound impacts produced by outdoor events at the Amphitheater,
pursuant to the approved plans far the Amphitheater:
A. The Fair Board will acquire reliable, accurate equipment to monitor,
measure and record sound levels for amphitheater events. The equipment
shall be capable of calculating Leq noise levels. Sound measurements will
be taken from the sound control booth located inside the Amphitheater
approximately 140 feet from the stage. Sound levels at the sound control
OUTDOOR AMPHITHEATER AGREEMENT
Page~2-
both shall be monitored continuously during performances and
measurements shall be taken every minute for the duration of the show.
Initially, sound levels shall be regulated by the Fair Board to achieve
sound levels that do not exceed an Leq average of: (i) 95 A-scale (dBA)
for a cumulative total of greater than one minute, but less than five
minutes or more in any ten minute period, or (ii) an impulse sound which
has a peak sound pressure level in excess of 101 decibels. However, as
provided by Section 6 of this Agreement, the Fair Board and the City shall
meet annually to discuss whether adjustments (either up or down) should
be made to the sound levels contained in this paragraph. Any adjustments
to the sound levels shall be made by the Fair Board by rule making
pursuant to ORS 565.240.
B. The Fair Board shall keep the following records for all Amphitheater
events:
(1) Recorded sound levels produced by the sound equipment acquired
by applicant;
(2) A record of the nature of the event including weather/temperature
conditions, event time and duration, and whether sound for the
event was electronically amplified; and
(3) Total paid attendance.
C. The records identified in paragraph "B" above are public records, and shall
be available for inspection and/or copying as provided by ORS 192.410 et
seq.
3. Enforcement. A maximum of two (2) written warnings will be issued for
violation of sound levels contained within this Agreement. A written notice of violation shall be
issued in the event that a third violation occurs, and in such event the promoter shall pay
liquidated damages in the amount of $10,000. In the event that a fourth violation occurs, the
performing artist's soundboard operator shall be asked to relinquish operation of the soundboard;
if the soundboard operator refuses to relinquish control of the soundboard, the Fair Manager or
the Manager's designee shall request that the soundboard operator be cited for trespass by
Jackson County Sheriff's deputies and/or the peace officers of the Jackson County Fair Board
pursuant to ORS 565.240 and ORS 565.640. Copies of violation documentation shall
accompany all written warnings and notices of violation. All written warnings and notices of
violation shall be issued prior to the conclusion of any concert. Fifty percent (50%) of all
liquidated damages collected shall be distributed to the City within thirty (30) days of receipt by
the Fair Board.
OUTDOOR AMPHITHEATER AGREEMENT
Page - 3 -
-... ,.;
4. Fly Arrangement. Whenever feasible in the opinion of the Fair Manager and the
performing artist, the speakers at the Amphitheater shall be placed in a "fly" arrangement, i.e. the
speakers will be suspended from the canopy of the stage and angled down towards the audience.
The Fair Board shall provide the necessary hardware for hanging the speakers; the speakers
themselves shall be provided by the performing artist.
5. Land Use Application. In consideration for the Fair Board's agreement to limit
and monitor sound levels, and to require in its contracts with performing artists that the
performing artist pay liquidated damages for exceeding the sound levels for the Amphitheater
established by the Fair Board, the City agrees that it will not oppose the Fair Board's conditional
use permit application at any stage of the process, including before the Jackson County hearings
officer, the Land Use Board of Appeals, the Court of Appeals or the Supreme Court. A copy of
this Agreement maybe submitted into the Record of the proceedings before the Jackson County
hearings officer as confirmation that the City does not oppose issuance of the conditional use
permit.
6. Annual Meetings.
(a) An Amphitheater Evaluation Committee composed of three (3) representatives
selected by the Fair Board, three (3) representatives selected by the City and one (1)
representative selected by the Central Point Chamber of Commerce shall meet annually on the
second Tuesday of each November at 10:00 a.m. This annual meeting shall be held at the Fair
Board offices, or at such other time, date and place if agreed to by all seven (7) representatives
designated above. To participate in this annual meeting, each participant must have written
authorization from the organization he or she represents.
(b) This annual meeting shall be chaired by the committee's Chamber of Commerce
representative, or such other representative selected by a majority of representatives in attendance
at the annual meeting, if the Chamber's representative fails to attend or refuses or is unable to
conduct the meeting for any reason. A quorum shall be a majority of the committee in
attendance as provided in ORS 174.130. Matters of parliamentary procedure shall be governed
by Robert's Rules of Order Revised.
(c) The purpose of the Amphitheater Evaluation Committee is to discuss the effects
of the Amphitheater operations on the residents who live in the vicinity of the Amphitheater, and
to recommend adjustments (either up or down) in the Fair Board's rules governing sound levels
at the Amphitheater for the concert season immediately following the annual meeting.
(d) The committee's Chair shall file with the Fair Board and the City a written report
of the committee meeting, including the committee's recommendations, if any. The report shall
be filed by the Chair within seven (7) days following the committee meeting. In the event the
Chair's report is not filed within seven (7) days following the committee meeting, any three
OUTDOOR AMPHITHEATER AGREEMENT
Page-4-
~•~
members of the committee who join together may prepare, sign and file their own report of the
committee meeting, in lieu of the Chair's report. Within 30 days after receiving the report, the
Fair Board shall notify the City of the Fair Board's determination regarding any
recommendations reached by the committee. In the event the Fair Board takes any action
inconsistent with the committee's recommendations, or refrains from taking any action
recommended by the committee, or, if the Fair Board fails to send the City and the Fair Board's
determination regarding the committee's recommendations, if the any, the City shall have
standing to appeal the matter to the Jackson County Board of Commissioners. The City shall
send a copy of the notice of appeal to the Board of Commissioners by certified or registered mail.
Notice of a public hearing by the Board of Commissioners shall be published as provided by
ORS 192.640, and the public hearing shall beheld within 60 days after the City's notice of
appeal is mailed. Public comments shall be allowed at the public hearing.
7. Sound Engineer. The Fair Board shall engage a qualified sound engineer to be
present at the soundboard during major amplified events at the Amphitheater. The engineer shall
ensure that sound levels do not exceed maximum levels established by this Agreement.
8. Entire Agreement. This Agreement represents the entire agreement
between the Fair Board and the City relating to the conditional use permit and
sound levels of concerts at the Amphitheater, and shall supersede all previous
communications, representations, or agreements, whether verbal or written,
between the parties hereto with respect to the conditional use permit and sound
levels of concerts at the Amphitheater. Any modifications, changes, additions, or
deletions to this Agreement must be approved by the Fair Board and the City in
writing and attached and incorporated by reference into this Agreement.
CITY OF CENTRAL POINT
B~
~~/~
itle:~~z~ 6.~1 1,~~~aq
ate:
JACKSON COUNTY FAIR BOARD
By : ~ /. C~~ ion/
Title:
Date: / /~ D3
OUTDOOR AMPHITHEATER AGREEMENT
Page - 5 -
Vol. Pg.
BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COUNTY
FOR THE STATE OF OREGON
IN THE MATTER OF REGULATING SOUND LEVELS )
AT THE PROPOSED AMPHITHEATER TO BE )
CONSTRUCTED AT THE JACKSON COUNTY )
FAIRGROUNDS AND EXPOSITION PARK, AND ) ORDINANCE No.
PROVIDING FOR ENFORCEMENT OF SUCH )
REGULATIONS AT THE AMPHITHEATER )
The Board of County Commissioners of Jackson County ordains as follows:
Section 1. DECLARATION OF PURPOSE. It is hereby found and declared
that:
(a) Residential development has occurred and is occurring in areas of close
proximity to the Jackson County Fairgrounds and Exposition Park;
(b) The Jackson County Fairgrounds and Exposition Park continues to be
developed, and construction of an outdoor amphitheater (the "Amphitheater") to be
used for concerts is anticipated;
(c) The making, creation or maintenance of excessive noises emanating from
the anticipated outdoor amphitheater which are prolonged in time may be a
detriment to the public health, comfort, convenience, safety, welfare and
prosperity of those persons residing within close proximity of the Jackson County
Fairgrounds and Exposition Park.
Section 2. NOISE DISTURBANCE PROHIBITED. No person shall cause or
permit sound to be produced at the Amphitheater in excess of the levels
established by the Jackson County Fair Board pursuant to ORS 565.240. Sound
levels shall be measured by a sound level meter located at the Amphitheater's
sound control board located approximately 140 feet directly in front of the
Amphitheater stage.
Section 3. ENFORCEMENT RESPONSIBILITY AND AUTHORITY. This
ordinance shall be enforced by the peace officers of the Jackson County Fair Board
Ordinance -1-
Vol. Pg.
pursuant to ORS 565.240 and ORS 565.640, Jackson County code enforcement
officers and/or deputies of the Jackson County Sheriff.
Section 4. VIOLATIONS. In all contracts for performances at the
Amphitheater, the Jackson County Fair Board shall require that the sound
standards referenced in Section 2 of this Ordinance shall be observed. Each
contract that the Fair Board enters into for performances at the Amphitheater shall
provide for the following:
(a) Enforcement personnel shall issue a maximum of two (2) written
warnings for violations of Section 2 of this Ordinance. In the event that a violation
of Section 2 occurs subsequent to the issuance of two 12) written warnings,
liquidated damages in the amount of S 10,000 shall be paid by the promoter of the
concert to the Fair Board pursuant to the contract for the performance.
(b) In addition to the liquidated damages outlined in subsection (a) above, in
the event that a violation of Section 2 occurs subsequent to the issuance of a
written notice of violation, the performing artist's soundboard operator shall be
asked to relinquish operation of the soundboard. If the performing artist's
soundboard operator refuses to relinquish control of the soundboard, such refusal
shall constitute a trespass and the soundboard operator shall be subject to arrest.
Section 5. SEVERABILITY CLAUSE. All sections, subsections and paragraphs of
this ordinance are severable. If any section, subsection or paragraph is ruled invalid for any
reason by the court of last resort, the other portions of this ordinance shall be unaffected.
Dated this 11~' day of December, 2002, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
Ric Holt, Chair
Approved As To Form:
County Counsel
Ordinance -2-
RESOLUTION NO.~ ~i
A RESOLUTION ENDORSING AN OUTDOOR AMPHITHEATER AGREEMENT WITH
THE JACKSON COUNTY FAIR BOARD AND AUTHORIZING THE MAYOR TO ACT ON
THE CITY'S BEHALF
WHEREAS, Central Point is growing and developing around the Jackson County Fair
Grounds and Exposition Park (Expo); and
WHEREAS, the Expo also continues to be developed, and construction of an outdoor
amphitheater (the "Amphitheater") to be used for concerts is anticipated; and
WHEREAS, The making, creation or maintenance of excessive noises emanating from
the anticipated Amphitheater which are prolonged in time may be a detriment to the public
health, comfort, convenience, safety, welfare and prosperity of those persons residing within
close proximity of the Expo; and
WHEREAS, Central Point's Quality of Life and Economic Development are both of pre-
eminent importance to the City; and
WHEREAS, the City of Central Point wishes to respond to the concerns of its citizens,
property owners, local and county officials and come together to develop innovative solutions;
and
WHEREAS, the City and County have worked out a mutually acceptable Outdoor
Amphitheater Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CENTRAL POINT, OREGON, that the Mayor is hereby authorized to enter into an Outdoor
Amphitheater Agreement with the Jackson County Fair Board and to act on the City's behalf in
all matters pertaining to this agreement.
Passed by the Council and signed by me in authentication of its passage this I~~day of
December, 2002. ~----
ATTE
City Representative
Mayor ill Walton
Approved by me this /ay of December, 2002.
ayor Bill Walton
Jackson C®unty ®re On
g
,JACKSON Roads, Parks and Planning Services
COUNTY 10 South Oakdale Avenue, Room 100, Medford, OR 97501-2902
Oregon
NOTICE OF TENTATIVE DEPARTMENTAL DECISION
ON APPLICATION FOR A LAND USE PERMIT
(FILE NO. 1991-21-CUP- 03)
Dear Jackson County Property Owner:
On December 31. 2002 ,Jackson County Roads, Parks and Planning Services approved an application for an
amendmen# to a .land use permit on property Iccated at the Jackson County EXPO rair Grounds located ncrth of
Peninger Road just north of Interstate 5 and the City of Central Point. This property location is in: Township 37 South,
Range 2 Wesi, Section 02, Tax Lot 600. The Department's decision (File 1991-21-CUP-03) tentatively approves with
conditions, the following on the above-dtrscribed property:
An amendment to a previously approved Conditional Use Permit. Original conditional use permit was
approved in 1991. This request is to construct and operate a permanent outdoor amphitheater on the
Jackson County Exposition Fairgrounds property. The amphitheater wilt be amulti-purpose facility
hosting pertorming artists, civic events, public gatherings and educational training. It will consist of a
covered stage with fixed seating for 1,900 people, lawn seating for 3,600 people and private box suites
for 180. Accessory facilities to this use consist of loading/unloading areas, new parking areas,
restrooms, dressing trailers and concession areas, landscaping and pedestrian facilities.
The following approval criteria were applied in rendering this decision: Jackson County Land Development Ordinance
Chanter 254 for Floodplains, Chanter 252 Airoort Concern OverlaX, Chanter 260 for Conditional Use Permits; Cha ter
280 for Supplemental Regulations (parking, setbacks, height, signage) ,Chanter 282 for Site Plan Review and Chapter
285 for Administration.
You have the right to request aquasi-judicial hearing on the tentative Departmental decision. If a hearing is requested,
the County's final decision wilt be made by the hearings body.
If you wish to request a hearing, your written request must be received by the Department at the address listed below
no later than January 13.2003 Cc~ 4pm ,and you must pay an initial hearing request fee of $250.00. If you prevail at the
hearing or upon a subsequent appeal, the initial hearing fee will be refunded to you.
This notice is dated December 31.2002. The application, staff report, applicable criteria for decision and associated
materials are available for inspection at the Department. Copies can be obtained at reasonable cost if requested.
Additional .information is,available by contacting Thomas Bizeau (Phone: 774-6942) at the Department. or at this
address:
Roads, Parks and Planning Services
Jackson County Courthouse
10 South Oakdale Avenue, Rm 100
Medford Oregon 97501-2902
Jackson County residents outside the Medford toll free area can call 1-800-452-5021 and enter the following 4-digit
extension: 6942.
Alwin Turiel, AICP, Current Planning Manager
JACKSON COUNTY ROADS, PARKS AND PLANNING SERVICES
Attachments: Zoning Map
Site Plan (5)
Conditions of approval (pg 26 -33) cc: Appltcant/Agent (w/ full staff report)
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Jackson County Planning Staff Report
Conditional Use -File 1991-2t-CUP- 03
Page 26 of 33
FINDINGS: This is a condition of any new development or change in use permit.
17) Building Site Improvement Agreement: Signed and recorded building site
improvement agreement.
FINDINGS: This will be made a condition of any approval.
III. CONCLUSION:
The applicant has provided a site plan that addresses many of the details regarding traffic
control, parking, landscaping, noise control, stage, seating and concession areas. The
following are significant issues that either have been addressed by the applicant or must be
addressed through conditions of approval:
Gode Requirements and Applicant's stipulations: The applicant's agent has glossed over
some requirements of the Land Development Ordinance such as parking standards. By
inference the agent has indicated that many of the LDO requirements do not apply. Staff
disagrees with this position and has addressed the applicable code sections that would
apply to any conditional use or development approval in residential, commercial and
industrial zones countywide.
• Land and Water Conservation Funds: The applicant has not addressed the contractual
agreement that was utilized in purchasing the land in the first place. Staff does not have
this documentation in hand and does not on the surface believe that this request is in
conflict with its recreational intent, however the applicant must provide information
concerning this stipulated agreement that verifies all requirements have been met.
Floodplain Development: The stage and a portion of the seating area are in the floodplain.
These structures are indicated as being below the 100 year floodplain elevation.
Commercial structures built below base flood elevation must be flood proofed. Plans and
certification on appropriate forms by qualified professional surveyors, engineers or architects
is required. No excavation or fill in the floodplain is allowed without obtaining the proper
permits that meet the base flood elevation or flood proofing provisions of the code.
Pedestrian facilities :The site plan indicates what look to be paved pedestrian areas around
the amphitheater. Pedestrian facilities are not shown from the facility to the parking areas.
These facilities are required to mitigate the impact of use to the area and provide for the safe
passage of those attending events. These facilities can be combined with the need for a
pedestrian walkway along the Peninger right-of-way to (at a minimum) the driveway entry
to the Family Fun Center. Pedestrian improvements would be preferable to Pine Street but
it is anticipated that the pedestrian traffic truly generated by the facility will emanate from the
parking areas, therefore pedestrian facilities should at a minimum accommodate the patrons
of the facility to and from parking areas.
Parkin :Only Parking Area B is indicated to have designated parking spaces and aisles.
Parking Areas A and C show traffic circulation into the parking but no aisles or parking
spaces. It appears that the intent is to maintain a open field like area that provides for
vehicle movements in these areas based upon traffic control personnel, much like you would
have at an seasonal or yearly event. However the objective of this facility is to provide a
venue for permanent year round entertainment. As such, the parking areas need to also
t ~ n
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03 Page 27 of 33
be made permanent with well built and maintained facilities. The parking areas must be
organized to provide safe access for vehicles and also for pedestrians who must negotiate
their way through multiple traffic movements. Drivers must have knowledge of how and
where to park in an organized and discernable manner in addition to traffic management
personnel. Improvements need to be made in the form of landscaping, or barriers that
define rows. Pedestrian facilities should be centralized in the facility to facilitate movement
with safety in mind. A central lighted pathway system with branches to a pedestrian walkway
along Peninger Road for Area C would provide the means to achieve this goal. The
applicant has indicated that 850 spaces can be accommodated in Area A and 1550 spaces
can be accommodated in Area C yet there is no means for staff to verify if parking space
capacity is truly met until a parking plan is supplied that verifies space amounts.
Noise Pollution: Noise pollution will result from these events. The question is how can it be
mitigated. It is clear from the Acoustical Engineer that sound mitigation will be better than
it is now (during the County Fair). The county will be implementing a noise ordinance,
specifically targeting this facilities noise generating capabilities. This ordinance is being
completed along with an agreement with the City of Central Point whereby the City and the
County will coordinate issues that arise concerning the sound. The ordinance will enable
enforcement of violations of the ordinance to be enforced by law if need be. If the
engineers specification and recommendations are followed, the facility sound impacts will
be reduced to acceptable levels.
• Traffic: The applicant has provided a Traffic Impact Statement with Traffic Control
recommendations that show how impacts on surrounding streets can be minimized. Also
the plan shows how traffic flow can be maximized to keep traffic on Pine Street, Peninger
. Road and Interstate 5.
Environmental: The development will have impacts on the existing pond and thereby Bear
Creek and the Airshed, unless mitigated. Mitigation can take place in the form of bio-swales
and oil-separator traps in Parking Areas A and C. Erosion control must occur in the form
of sediment fences and haybales and other means established by a consulting engineer on
the project. A dust control program must be submitted that details how dust particulate will
be controlled. Track-out caused by mud through rain or dust control needs to be mitigated
through proper surface preparation such as well drained gravel or paved surfaces.
IV. STAFF RECOMMENDATION:
APPROVAL of a Conditional Use Permit to allow the construction and operation of a permanent
outdoor amphitheater, per the approved site plan and conditions of approval:
CONDITIONS THAT MUST BE MET PRIOR TO ISSUANCE OF PERMITS
1. Revised Site Plans must be submitted that include the following:
a. Location of Transmission Tower in upper parking lot.
b. Parking plans as described in condition (8) below.
c. Handicapped Parking for a minimum of 39 spaces or as otherwise approved by the Buildings
Division.
Jackson County Planning Staff Report
Conditbnal Use - F~7e 1991-21-CUP- 03
Page 28 of 33
d. Pedestrian sidewalk along Peninger Road from the facility to the driveway entering the
Family Fun Center. The sidewalk may be built a partial length of the parking facility if other
pedestrian facilities interior to the parking area C facility are provided. This sidewalk may
be deferred over a 2 year time period from date of issuance of building permit. The deferred
improvement agreement must be completed to Roads and Parks Division satisfaction (with
time period) prior to issuance of permits.
e. Designated pedestrian walkways not in the public right-of-way (made of concrete, asphalt,
bark chip or gravel surfaces) to and through all parking areas. Walkways shall be designed
that are functionally safe, well lit and accessible.
f. Existing and proposed lighting along pedestrian walkways and parking lots.
g. Besides Parking Areas A, B & C, indicated on the approved site plan, applicant must identify
any additional overflow parking areas, showing capacity access and configuration.
h. Identify locations of No Parking signs along Peninger Road.
2. Applicant shall provide information that they are approved for the use as part of the agreement
established through Federal Land, Water and Conservation Funds.
3. The applicant must provide verification from Fire District #3 that the all fire protection
requirements have been addressed.
4. Among other requirements of the JacksonCountyBuildingDivision,buildingsplanswillindicate
the following:
a. Types of surface materials being used in construction of the structures such that no glare
producing materials are being used.
b. Height of structures limited to 35 feet.
c. Type and height of site-obscuring fencing or wall (minimum of 6 feet in height) between
amphitheater seating~and stage loading and concession area in northeast corner of facility.
5. Floodplain Requirements:
a. Development permits will be required for grading, excavation, fill or structural permits in the
floodplain.
b. Prior to development of structures in the flood plain, building plans shall indicate that
structures aze 1 foot above base flood elevation for those portions of structures in the
floodplain or in lieu of meeting the base flood elevation, applicant may provide building
plans that meet the flood hazard and proofing requirements of Code section 254.060 &
.070(2).
c. Applicant must provide an Elevation Certificate for all work done in the floodplain.
6. Applicant will obtain all necessary permits for improvements to or work within the county road
right-of--way from Jackson County Roads and Parks Division.
7. Thepropert~ownerand applicant must sign (notarized) the Buildin Site Improvement agreement
sent to the applicant with a cogv of this decision. The original document must be recorded with
:; ~ y • :.
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03
Page 29 of 33
a copy of the deed into the Official Records of Jackson County, and returned to this department
(form attached to decision).
8. Parkin Areas: Applicant shall provide engineered drainage plans that will accommodate peak
runoff from driveways and parking surfaces and includes the following:
a. A drainage plan must show direction of runoff and facilities used for collection be they pipes,
catch basins, swales or ditches.
b. Organization for parking spaces, rows and travel aisles.
c. Types of barriers or vegetation used to separate rows of parking.
d. Grading plan showing existing and final contours of the site.
e. Pollution control plan using oil separator traps, a system of natural vegetated bioswales or
other engineered system that collects and filters runoff in undeveloped Parking Areas A &
C
f. Surface type. Grass and dirt surfaces are not allowed except in overflow parking areas.
9. Applicant shall provide erosion control plan (sediment fences, haybales, etc.) as recommended
by the consulting architect/engineer such that sediment runoff from grading, stockpiles and fill
will be substantially kept outside of ponds and watercourses. This information shall be described
in construction plans and documents. These techniques shall be applied during the period
between the months/dates of October 15`~ and May 15~'.
10. Plans must indicate that Noise Attenuation Requirements meet the following:
a. Construction of a solid barrier (Berm and/or Wall) with a minimum height of 21.5 feet above
the elevation of the stage in the north east and southeast directions. Buildings, seating or
land elevations that achieve same heights will serve as a barrier.
b. Construction of a solid barrier (Berm and/or Wall) a minimum 23 feet above the stage grade
in the west, southwest and northwest directions. Buildings, seating or land elevations that
achieve same heights will serve as a barrier.
c. Applicant shall install a minimum 4 foot high absorptive panels at inside top of specified
barriers per acoustical engineer specifications.
d. All bamers and acoustical specifications shall be approved by and meet with the design
specifications of the consulting acoustical engineer and as described in the March 2002,
Noise Impact Study by Albert G. Duble.
11. Landscape plan must be submitted that shows the following:
a. Landscaping proposed as part of parking lot development.
b. Street trees 40 feet on center, along Peninger Road between the required sidewalk and
improved street Right of Way. This street tree plan must also be approved by Roads and
~ .. .
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03
Page 30 of 33
Parks Division if in the road right-of-way. Trees can also be placed outside of Road Right
of way between sidewalk facility and parking areas.
c. The landscape plan shall be prepared by a qualified landscape design professional as
described in Code Section 282.030 (4)(A).
d. Permanent automated irri at~~ion stems shall be indicated as to type, size and location on the
plans unless a licensed landscape architect submits written verification that the proposed
plant materials do not require irrigation.
12. Applicant shall meet all sewer connection requirements of Bear Creek Valley Sanitary and
provide verification that requirements have been met.
13. Applicant must meet all requirements of the Jackson County Building Division with regard to
pre-application meeting, plans, specifications and permits:
14. Applicant must provide a signage plan showing location, size and wording on permanent and
temporary signage to be used during events through-out the site. This plan must be approved
by the Planning Division.
15. Applicant shall provide a dust control plan detailing type of equipment used, type of application,
time of year and frequency of application in all areas on site that are not paved, this plan must be
approved by the Planning Division. The dust control program must substantially control dust and
track-out from the site. Grass areas will need to be graded and surfaced with gravel or pavement
to facilitate success of this program.
16. Property owner must sign and record avigational easement.
CONDITIONS THAT MUST BE MET PRIOR TO USE OF THE FACILITY:
17. All signage for the facility shall acquire required permits and meet code requirements for size and
placement according to county sign code.
18. All bicycle racks shall be installed.
19. No use of the structure may occur until all landscaping indicated is planted and approved by the
Planning Department or bonding has been established per code requirements.
20. All parking spaces shall have anchored wheel stops or curbing in place. Any paved parking areas
shall have parking spaces striped and directional arrows painted on pavement or in standard
signage for traffic circulation purposes. The striping plan must be approved by the Planning.
21. All pedestrian paths between approved facilities and in locations shown on revised site plan,
shall have surfacing in place.
22. All exterior trash receptacles must be screened from public view by fencing, wall, or landscaping.
23. All lighting shall be in place per approved plans.
ONGOING CONDITIONS OF APPROVAL:
y. ~ ,~ ~ .
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03
Page 31 of 33
24. Applicant shall work with Medford International Airport to insure that there is no electrical
interference with navigational signals or radio communication between airport and aircraft that
may be created by event activities on the site.
25. Event Operation Schedule:
a. MaLor Events: Major event thresholds shall not exceed 5700 people. There will be no more
than 15 major events allowed per year. Major events may occur at the annual Jackson
County Fair above and beyond this limitation. Major Events will start no sooner than 8:00
P.M. if occurring on a weekday. Alternate start times may occur on a case by case basis with
approval by ODOT and Jackson County Planning.
b. Minor Events: Minor event thresholds will not exceed 2500 people. There will be no more
than 50 minor events allowed per yeaz.
c. Ticket sales shall be monitored and logged not to exceed minor and major event thresholds.
These logs shall be submitted at the end of each calendar year to the City of Central Point
and Planning Division of Jackson County.
d. No event may start earlier than 10:00 A.M. Events which occur during the annual Jackson
County Fair have no limitation on evening start times but must end no later than 11:30 P.M.
All other events (outside of the County Fair) will end no later than 10:30 P.M. In all cases,
traffic control plans must be as approved by ODOT.
e. Only one major event is allowed per day except during the annual Jackson County Fair.
26. Sound Event Requirements:
Sound Event Requirements: The applicant shall implement the Agreement between the City of
Central Point and Jackson County Fairboazd substantially as written (11/20/02 copy). In lieu of
this agreement being signed and accepted by both parties then the recommendations ofthe Noise
Impact Study developed by Albert Duble P.E. (Exhibit 12 of the application) shall be
implemented and enforced.
27. Traffic Control Plan Requirements: The traffic control plan dated January 2002, prepared by
Parametrix, Inc. shall be the guiding document for implementation of traffic circulation during
events. Flexibility in the plan will be established through conference with and oversight by the
Oregon Department of Transportation, JACO Planning Division and Road and Parks Services.
Type I or Zoning Clearance approval with appropriate fees is required with the Planning Division.
Until such time, all stipulations of the Traffic Control Plan must be implemented, some of these
conditions are:
a. Major events will require employment of a minimum of 5 off-duty police officer/traffic
controllers to direct traffic at signalized intersections of the I-5 ramps and at E. Pine
Street/Peninger Road. To provide adequate ingress and egress a traffic control officer must
be assigned to direct traffic to and from the commercial district south of E. Pine Street.
Minor events may also require an officer for this purpose.
b. Traffic signals must be hooded or turned off before and after each major event in
coordination with the Oregon Department of Transportation. Traffic signal times must be
modified during minor events to allocate additional green time to traffic exiting the
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03
Attachments to File:
D) -Jackson County Roads and Parks Division (~ pgs)
E) - ODOT
F) - Bear Creek Valley Sanitary Authority
G) -Fire District #3
H} -Rogue Valley International Airport
I) -Division of State Lands
J) -Robert and Pamela Broadbent
K) - Cornitius LLC
L) -Gary and Betty Dusenberry
M) -John Caster
0) -Ronald Chandler
P} -Merlin and Linda Schwab
O) -Gary Lee Schulz
R) -Victoria Bruton
S) -Oregon Department of Aviation
Page 33 of 33
Additional map research, application submittals including Traffic Control Plan and Noise Impact
Study lot legality, correspondence to with the applicant, Avigation Easement, Elevation Certificate
for, floodplafn development, Building Site Improvement form and file notification material are
available in the file.
SCOPE OF DECISION: This decision is limited to the County's review of applicable zoning rules and land
use law, as outlined in the Jackson County Comprehensive Plan, the Jackson County Land Development
Ordinance, and the Oregon Administrative Rules and Oregon Revised Statutes relating to land use. Other
County, State and Federal agencies may have regulatory review authority for development projects. The
decision rendered herein neither implies nor guarantees compliance with the requirements of any other
regulatory agency. It is the property owner's responsibility to ensure that the development complies with
the requirements of any other regulatory agency or provisions of law prior to initiating the development.
Notice of this decision is being sent to property owners in the vicinity of this property. They or the
property owner have the right to request a hearing within 12 days of this decision. This decision
will be final once the 12 day period has ended, provided a hearing has not been requested.
~, ,,. .
Jackson County Planning Staff Report
Conditional Use -File 1991-21-CUP- 03
Page 32 of 33
southbound off-ramp before events and to the westbound left turn onto the southbound I-5
on-ramp for post event traffic.
c. Temporary traffic control signs will need to be positioned before events begin and removed
following each event and must meet with ODOT standards for type, size and location.
d. All flaggers shall be certified through a flagger training course.
e. A minimum of 12 parking lot entrances are required, basically 4 entrances per parking area.
f. Applicant shall insure that no-parking restrictions will be posted and strictly enforced along
E. Pine Street and Peninger Road.
28. Lighting as installed per approved site plan shall be designed.so as not to shine or reflect upon
adjoining properties.
29. Landscape areas shall be maintained as approved in these conditions and on the approved site
plans.
30. Authorization of a conditional use shall be void after two years or such lesser time as the
authorization may specify unless substantial construction has taken place or if construction is not
involved and the conditions of the permit have been satisfied. However, the County may extend
authorization for an additional period not to exceed one year on request. No further extension
shall be granted unless: the applicant can show good cause why substantial construction has not
taken place and that substantive changes in pertinent state or County goals, plan policies or
ordinance language have not occurred; and, the applicant provides a timetable showing that
substantial construction and completion will take place within one year of the final request.
31. The property owner or manager must request an inspection from this department one year from
the date of obtainin~,permits for construction. The purpose of this inspection is to determine if
the conditions are met. If compliance is not found at that time this approval can be withdrawn.
For JACKSON COUNTY PLANNING DIRECTOR
By: Thomas Bizeau; (Planner III)
Date: De~em~,- ~i ~ X002
cc: Affected Agencies with Comments;
V. ATTACHMENTS:
Attachments to Decision:
A) -Zoning Map
8) -Tentative Site Plan (4 pgs)
C) - 1981 Approved Site Plan
' `~ ~ `"~ CRAIG A. STONE & ASSOCIATES, LTD.
Consultants in Urban Planning and Development
708 Cardley Avenue • Medford, Oregon 97504-6124
Telephone: (541) 779-0569 ®Fax: (541) 779-0114 0 E-mail: cstone@cstoneassociates.com
November 20, 2002
MR. TOM BIZEAU
c/o Jackson County Planning Services
10 South Oakdale Avenue
Medford, OR 97501
RE: JACKSON COUNTYAMPHITHEATER CONDITIONAL USE PERMIT
Time Extension
Dear Mr. Bizeau:
On behalf of my client, the Jackson County Fair Board and pursuant to the Power of Attorney
on file with your department, this letter will constitute a sixty (60) day extension of the
county statutory decision making timeframe pursuant Oregon Statutes for the above captioned
land use application.
This extension will permit applicant and its representatives to meet with the Central Point
City Council to finalize the terms of an agreement reached by the appointed representatives of
the city and county. We expect that sixty days will be sufficient to accomplish this objective.
Very truly yours,
CRAIG A. STONE & ASSOCIATES, LTD.
~J~r~_'~,",,/r r
Cr 'g St e
Co ulti g Urban Planner
CAS/m C:\WSUACKSON COUNTIIFAIR\EXTENSION LET 1.DOC
cc. Chris Borovansky
Tom Humphrey
File