file number: cu-20-004 applicant: sheila scott, 47986 ...dec 08, 2020 · umatilla indian...

Treaty June 9, 1855 ~ Cayuse, Umatilla and Walla Walla Tribes

Confederated Tribes of the Umatilla Indian Reservation

Natural Resources Commission

46411 Timíne Way Pendleton, OR 97801 www.ctuir.org email: [email protected] Phone 541-276-3099 Fax: 541-276-3099

EXHIBIT SCHEDULE

FILE NUMBER: CU-20-004 APPLICANT: Sheila Scott, 47986 Kirkpatrick Road HEARING DATE: December 8, 2020 EXHIBIT NATURE OF EXHIBIT

______1_____ Eleven (11) Page Staff Report

2 Nine (9) Page Application ______3_____ Seven (7) Page Dissemination Record with TSRC Comments

4 One (1) Page Testimony Letter 1




8 Two (2) Page Testimony Letter 4







15 One (1) Page Building Code Review of Barn

Planning\Permits\Conditional Use\2020\CU-20-004 Page 1 of 11 EXHIBIT #1

STAFF REPORT CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION

TRIBAL PLANNING OFFICE To: Land Protection Planning Commission (LPPC) Public Hearing Date: December 8, 2020 File No.: CU-20-004

SUBJECT: Conditional Use

APPLICANT: Sheila Scott, 47986 Kirkpatrick Road, Pendleton, OR

PROPERTY OWNER: Tracy and Sheila Scott, 47986 Kirkpatrick Road Pendleton, OR

NATURE OF THE REQUEST:

The applicant is requesting Conditional Use approval from the LPPC to utilize the barn and surrounding area on this property for weddings and occasional seasonal events. The subject property is also identified as Umatilla County Tax Map 2N33 Tax Lot 400. The proposed use is listed as a Conditional Use in the Ag-2, Farm Pasture zone; “Commercial activity in conjunction with a permitted use”. Conditional Use approvals are subject to CTUIR Land Development Code Chapters 6 and 13.

BASIC FACTS: 1) Ownership: The subject property is owned by Tracy and Sheila Scott, Pendleton, Oregon. 2) Legal Description: Tax Lot 2N330000-00400 is in section 1 of Township 2N Range 33 East, Willamette

Meridian, containing 39.2 acres (Umatilla County Assessor’s Map 2N33, Tax Lot 400). The subject property is located on the south side of Kirkpatrick Road approx. ¼ mile past the end of the pavement.

3) Zoning: Ag-2, Farm Pasture zone. This zone has a 79 acre minimum lot size, although some lots such as the subject lot are grandfathered at smaller sizes. The purpose of the Farm Pasture zone stated in LDC 3.035 is to maintain the agricultural land base for farm and rangelands and also for the gathering of foods, herbs and medicines traditional to the CTUIR.

4) Current Use: This property contains a single family home and barn which were constructed in 2019. 5) Surrounding Land Uses: Lands adjacent to the subject property are agricultural lands zoned Ag-2, many

of which are planted in wheat. Farther west on Kirkpatrick Rd, McKinely Lane and Tauts Lane, the zoning is Ag-3 (Small Farm) with smaller lots and homesites. (see Map 2, Zoning)

6) Legal Access: The subject property has direct access to Kirkpatrick Road, a public road under the jurisdiction of the Umatilla County Public Works Department (Road No. 798). The road is a two-lane paved road from Mission Highway (331) to McKinley Lane, and then becomes a gravel road. The official right of way width of the paved portion is 40 feet, while it is 50 feet for the graveled portion. Road documents are available on the Umatilla County surveyor’s website.

7) Utilities: Umatilla Electric provides power to the site. 8) Topography and Other Site Information: The subject property is generally described as having 1-15 %

slope with its highest elevation at the northeast corner, 1480’ sloping down to the lowest elevation at the southwest corner, 1380’ (see Map 1, Topography). There are no streams on the site; runoff drains west and south toward the Umatilla River. During heavy rain there can occasionally be standing water on the lower portion of Kirkpatrick road.

9) Soils: The predominant soil type on the site is Pilot Rock Silt Loam. This soil is considered to be good for dryland small grains such as wheat. It is also suitable for pastureland, some irrigated crops and homesites.


Map 1 – Toppography


Map 2 – Zoning


10) Project Statement (provided by applicant):

1. Wedding Venue. This will be used seasonally. These will be held often outside in my “barnyard” area. This area is not CRP land. The receptions of these proposed weddings also take place outside and inside the barn located just west of our home. Traffic would increase on a wedding weekend (1 day). Often weddings are approximately 100 people which equates to approximately 50 cars.

Time of travel is likely to be heaviest between noon and 4 PM.

All events will have porta potties available. All events will have additional garbage disposal per tribal waste management….

The average event (wedding) is 4 hrs.

There are no septic tanks, wells or streams in the area. This will not require additional power lines or temporary structures.

2. Events. I would like to conduct a winter bazaar and a spring/summer bazaar (if the first one goes well). This will be held in our barn and surrounding barnyard area. Each booth is a minimum of 10 x 10 and the aisleway is 30 feet across outside the barn. Inside the barn the booths are at least 10 x 10 and the aisle is 12 feet wide. This will allow ample room for people to stay socially distanced. We will encourage everyone to wear a mask and hand sanitizer is provided throughout the event.

We have a gravel area designated for parking. This event will need additional porta potties as well as an additional garbage can. The hours of operation planed for the bazaar are 10 AM – 3 PM on Friday and 8 AM – 3 PM on Saturday. We would like to display professionally created signs along Kirkpatrick Road to direct traffic to the barn.

This will not require additional power lines or temporary structures.

APPLICABLE POLICIES AND CODES:

The criteria for granting a Conditional Use require that the proposed use is consistent with the CTUIR Comprehensive Plan, the CTUIR Land Development Code, and other statutes, ordinances and policies that may be applicable. Relevant sections of the Comprehensive Plan and Land Development Code are listed below. I. CTUIR Comprehensive Plan; Resolution No. 10-079 (September 13, 2010), updated 2018. Chapter 1, Introduction

Section 1.3 CTUIR & Community Visions Chapter 5, Plan Elements: Goals & Objectives:

Section 5.3 Economy 3. Strengthen the tribes’ private (small business) economy by creating suitable conditions

for tribal members to start and expand businesses and social enterprises. Section 5.6 Natural Resources 6. To protect, preserve and perpetuate the CTUIR’s culturally significant places and

resources for the benefit of current and future generations. Section 5.14 Public Safety

4. Provide effective emergency service to the CTUIR community including life-saving rescure services, emergency medical service, fire protection services and HAZMAT response.


II. Land Development Code; adopted by CTUIR Board of Trustees Resolution #83-74 on August 24, 1983 and as amended through Resolution #20-085 on September 14, 2020.

Chapter 1, Section 1.020 – Purpose; Chapter 2, Section 2.020;– Definitions;

Chapter 3, Sub-chapter B; AG-2, Farm Pasture Zone Chapter 6, Conditional Uses; Chapter 10, Site Plan Review; Chapter 13, Hearings; Chapter 14, Appeals Procedures; Chapter 17, Sections 17.005 Special Uses, and 17.010 Parking

STAFF FINDINGS: 1. Tribal Staff Review Committee (TSRC): The members of the Tribal Staff Review Committee received a

copy of the application packet for CU-20-004 on November 6, 2020. A meeting of the Tribal Staff Review Committee was held on November 12, 2020, to discuss the application. TSRC members present for the meeting were J.D. Tovey, Planning Director; Patty Perry, Senior Planner; Holly Anderson, Associate Planner; Samantha Matlock, Environmental Health & Safety Officer; Carey Miller, Tribal Historic Preservation Officer; Frank Anderson, Public Works Director; James Hall, Interim Fire Chief; and Joe Pitt, Office of Legal Counsel Attorney.

Discussion included the following:

- The site was reviewed under the Conditional Use process when Crow’s Shadow Institute of the Arts had proposed locating on the property. While the Crow’s Shadow Institute of the Arts proposal was withdrawn before being acted upon, it had been determined at that time by the Tribal Staff Review Committee that paving the gravel portion of Kirkpatrick Road would be required from the end of the pavement to the entrance of the property for a commercial or semi-public use. The proposed use for weddings and seasonal events is less frequent but potentially more intense than the activities proposed by Crow’s Shadow so it is determined the conditions need to be similar. Signage would also be required.

- The barn was reviewed and approved as an accessory building when it was constructed last year and was not reviewed or approved for use as a building for human assembly and occupancy. A re-review is needed to determine any additional requirements that would apply. After review and approval for the new occupancy, the occupancy limit is required to be posted in the building. For the Crow’s Shadow Institute of the Arts use the fire department had determined that a pond or other holding system would be needed for fire flow/storage of water for fire suppression system and that all portions of the building would need to be within 150 feet of the Fire Vehicle access area, unless the building were built with a sprinkler system.

- The Cultural Resources Protection Program (CRPP) surveyed the property as part of the homesite development. While no ground disturbing activities are currently proposed, if this changes the CRPP should be contacted.

2. Site Plan Review:

Land Development Code (LDC) Section 10.015 requires site plan approval for any use subject to Conditional Use approval. Based on information provided by the applicant the following is a preliminary review of applicable site plan review standards:

a. Access to site from adjacent rights-of-way, street and arterials: The site has direct access from Kirkpatrick Road, a two-lane road a portion of which is unpaved, under the jurisdiction of Umatilla County Public Works Department. In order to ensure safety with the increased traffic, maintenance


of the road over time, and control of dust from heavy use for events, the approximately ½ mile stretch of the County road that is currently graveled would need to be paved. Discussions with the County need to occur to determine if paving would trigger any additional requirements.

b. Parking and circulation areas: The site plan proposes to use the existing gravel driveway and unpaved parking area. Signage will need to clearly mark the driveway entrance so that it is not missed; traffic congestion could occur if vehicles drive past the entrance and try to turn around in the roadway where there is limited shoulder.

c. Location, dimensions and design of buildings: The barn was reviewed and constructed as an accessory structure rather than as an assembly occupancy. A determination needs to be made as to whether the structure meets the code requirements for public assembly or whether any modifications would be needed such as fire alarms or fire sprinklers.

d. Orientation of windows and doors, entrances and exits, pedestrian circulation: The re-review needs to determine if there are any requirements for access or exiting to meet accessibility requirements for an assembly use.

e. Service areas for uses such as mail delivery, trash disposal, above-ground utilities, loading and delivery: The applicant has identified an area for trash disposal and stated that an extra garbage can will be obtained from TERF when needed. Porta-potties would be rented. Handwashing stations would be required.

f. Areas to be landscaped: No additional landscaping is proposed. Parking or overflow parking is proposed in the field. These areas should be monitored for invasive weeds and all invasive weeds removed so guest vehicles do not encounter and spread them. If these areas do not have adequate surface and the ground becomes dirt it is more likely that invasive species could become a problem.

g. Exterior lighting: Kirkpatrick Road does not have any street lights. The plan does not propose addition of any permanent lighting; it has been stated that the events would be held during daylight and conclude before dusk so guests could find their way out to the main roads safely.

h. Special provisions for handicapped persons: The site does not have a paved driveway or parking. It is uncertain whether it can be set up to be accessible to someone in a wheelchair. However, it would be likely that some wedding guests would need an accessible path to the wedding venue. Depending on the requirements determined through the building and fire code plan review for the barn, the applicant will need to address how disability access would be provided. Porta potties do come in a type that is accessible to persons with disabilities. This would likely be needed for some if not all of the weddings and seasonal events.

i. Existing topography of the site at intervals appropriate to the site, but in no case having a contour interval greater than 10 feet: Topography is shown on the aerial photo for the area as well as in photos of the area proposed for the venue. The site is relatively flat in these areas.

j. Signs: Review and approval of specific signage for parking areas and circulation, as well as for marking the driveway entrance on Kirkpatrick would need to be a condition of any approval.

3. Conditional Use Criteria: LDC Section 6.015 lists four Circumstances for Granting a Conditional Use. The applicant has provided statements to demonstrate how the proposed use meets these criteria (italicized).

1. That the locations, size, design, and operations characteristics of the proposed use are such that it will have minimal adverse impact on the property value, livability, and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage, and density, to the alteration of traffic patterns and the capacity of surrounding streets and roads, and to any other relevant impact of the proposed use.


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SSttaaffff AAnnaallyyssiiss:: TThhee ccoonnddiittiioonn ooff tthhee rrooaadd aanndd aassssoocciiaatteedd ddrraaiinnaaggee iiss aa ccoonncceerrnn..

MMaapp 33 sshhoowwss tthhee CCoouunnttyy rrooaaddss iinn tthhee aarreeaa wwiitthh tthheeiirr ssuurrffaaccee ccoonnddiittiioonn ((ppaavveedd,, ggrraavveell,, ddiirrtt)).. WWhhiillee KKiirrkkppaattrriicckk iiss ccllaassssiiffiieedd aass aa ““MMaajjoorr CCoolllleeccttoorr”” tthhee ½½ mmiillee uunnppaavveedd sseeccttiioonn wweesstt ooff tthhee ssiittee pplluuss tthhee ppeerriiooddiicc ffllooooddiinngg ooff tthhee rrooaadd dduurriinngg hheeaavvyy rraaiinnss wwoouulldd ccrreeaattee aa nnuuiissaannccee oorr hhaazzaarrdd wwiitthh tthhee pprrooppoosseedd uussee rreessuullttiinngg iinn dduusstt,, nnooiissee,, llooww vviissiibbiilliittyy aanndd ssaaffeettyy ccoonncceerrnnss.. TThhee rrooaadd iiss nnoott tteecchhnniiccaallllyy aa ddeeaadd eenndd rrooaadd,, bbuutt aacccceessss ttoo tthhee eeaasstt iiss uunnppaavveedd aanndd iinnvvoollvveess ddrriivviinngg uupp aa ffaaiirrllyy sstteeeepp ggrraaddee..

Map 3 - County Roads with Condition (paved, gravel, dirt)


IIff tthhee mmaaiinn aacccceessss ffrroomm tthhee wweesstt iiss bbrroouugghhtt uupp ttoo aann aacccceeppttaabbllee ssttaannddaarrdd ffoorr aa uussee ssuucchh aass tthhiiss,, tthheenn tthhiiss ccoonncceerrnn ccaann bbee mmiittiiggaatteedd.. LLDDCC 1177..000055 ccoonnttaaiinnss ssttaannddaarrddss ffoorr ssppeecciiaall uusseess.. SSuubbsseeccttiioonn 55 ssttaatteess::

CCoommmmuunniittyy BBuuiillddiinnggss,, ssoocciiaall hhaallllss,, llooddggeess,, ffrraatteerrnnaall oorrggaanniizzaattiioonnss aanndd cclluubbss:: AAllll bbuuiillddiinnggss sshhaallll bbee sseett bbaacckk aa mmiinniimmuumm ooff 3300 ffeeeett ffrroomm aa ssiiddee oorr rreeaarr lloott lliinnee,, tthheerree sshhaallll bbee nnoo eexxtteerrnnaall eevviiddeennccee ooff aannyy iinncciiddeennttaall ccoommmmeerrcciiaall aaccttiivviittiieess ttaakkiinngg ppllaaccee wwiitthhiinn tthhee bbuuiillddiinngg,, aallll ssuucchh uusseess sshhaallll bbee llooccaatteedd oonn aa mmaajjoorr ssttrreeeett oorr rrooaadd,, aanndd bbee aabbllee ttoo pprroovviiddee aacccceessss wwiitthhoouutt ccaauussiinngg ttrraaffffiicc ccoonnggeessttiioonn oonn llooccaall rreessiiddeennttiiaall ssttrreeeettss..

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-- TThhee aapppplliiccaanntt sshhaallll ppaavvee tthhee uunnppaavveedd sseeccttiioonn ooff KKiirrkkppaattrriicckk uupp ttoo tthhee pprrooppoosseedd ffaacciilliittyy aass ppaarrtt ooff tthhee pprrooppoosseedd ddeevveellooppmmeenntt.. KKiirrkkppaattrriicckk RRooaadd iiss aa UUmmaattiillllaa CCoouunnttyy rrooaadd;; tthheerreeffoorree tthhee rrooaadd iimmpprroovveemmeennttss mmuusstt bbee ccoooorrddiinnaatteedd wwiitthh aanndd bbuuiilltt ttoo CCoouunnttyy RRooaadd ssttaannddaarrddss.. TThhee ddrriivveewwaayy eennttrraannccee sshhaallll aallssoo bbee ppaavveedd ttoo rreedduuccee ggrraavveell tthhrrooww oonnttoo tthhee rrooaadd aanndd ffaacciilliittaattee ttuurrnniinngg iinnttoo tthhee ddrriivveewwaayy..

-- TThhee sspprriinngg sseeaassoonn wwhheenn ffllooooddiinngg iiss ppoossssiibbllee sshhoouulldd bbee aavvooiiddeedd ffoorr ppllaannnneedd eevveennttss..

-- IImmpplleemmeennttaattiioonn ooff ccaarrppoooolliinngg oorr oorrggaanniizzeedd ttrraannssppoorrttaattiioonn ffrroomm aa cceennttrraall llooccaattiioonn ffoorr cceerrttaaiinn eevveennttss..

IIff tthheessee mmeeaassuurreess aarree iimmpplleemmeenntteedd tthhee pprroojjeecctt wwoouulldd hhaavvee mmiinniimmaall aaddvveerrssee iimmppaaccttss oonn tthhee ssuurrrroouunnddiinngg aarreeaa..

2. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree consistent with the nature of the use and the given setting.

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SSttaaffff AAnnaallyyssiiss:: TThhee ssiittee hhaass bbeeeenn ddeevveellooppeedd wwiitthh qquuaalliittyy rreessiiddeennttiiaall ccoonnssttrruuccttiioonn aanndd tthhee pprrooppeerrttyy iiss wweellll ccaarreedd ffoorr.. TThhee uussee wwiillll ttaakkee uupp aa ssmmaallll aarreeaa ooff tthhee pprrooppeerrttyy iinnffrreeqquueennttllyy.. TThhee mmaajjoorriittyy ooff tthhee ttiimmee tthhee ssiittee wwiillll bbee rreessiiddeennttiiaall aanndd ffaarrmm//ppaassttuurree.. TToo ccrreeaattee aa ffuunnccttiioonnaall eennvviirroonnmmeenntt ffoorr wweeddddiinnggss aanndd sseeaassoonnaall eevveennttss,, tthhee ssiittee wwoouulldd nneeeedd ttoo bbee sseett uupp ttoo aallllooww aacccceessss ffoorr ppeerrssoonnss wwiitthh ddiissaabbiilliittiieess.. DDuurriinngg ddrryy mmoonntthhss dduusstt wwoouulldd nneeeedd ttoo bbee ccoonnttrroolllleedd oonn tthhee ssiittee ffoorr mmaaxxiimmuumm eennjjooyymmeenntt bbyy gguueessttss..

33.. IIff tthhee uussee iiss ppeerrmmiitttteedd oouuttrriigghhtt iinn aannootthheerr zzoonnee,, tthhaatt tthheerree iiss ssuubbssttaannttiiaall rreeaassoonn ffoorr llooccaattiinngg tthhee

uussee iinn aann aarreeaa wwhheerree iitt iiss oonnllyy ccoonnddiittiioonnaallllyy aalllloowweedd,, aass ooppppoosseedd ttoo aann aarreeaa wwhheerree iitt iiss ppeerrmmiitttteedd oouuttrriigghhtt..


AApppplliiccaanntt:: WWeeddddiinnggss oonn oouurr pprrooppeerrttyy wwiillll nnoott bbee ccoonnssiiddeerreedd ccoommmmeerrcciiaall aass tthheessee wwiillll bbee ssmmaallll iinnttiimmaattee wweeddddiinnggss hheelldd iinn aa rruurraall sseettttiinngg wwiitthh aa ccoouunnttrryy aattmmoosspphheerree wwiitthh wwhheeaatt ssuurrrroouunnddiinngg pprrooppeerrttyy,, aanniimmaallss ggrraazziinngg aanndd aa ccoouunnttrryy rrooaadd ttoo ccoommpplleettee tthhee ccoouunnttrryy wweeddddiinngg ppiiccttuurree.. TThheessee wweeddddiinnggss wwiillll bbee aavveerraaggiinngg 2255 ttoo 4400 ccaarrss oonn aa oonnee ddaayy eevveenntt aanndd wwiillll bbee oonn tthhee pprrooppeerrttyy bbeettwweeeenn 11 aanndd 44 hhoouurrss oonn tthhee ddaayy ooff tthhee wweeddddiinngg.. CCoouupplleess wwhhoo llooookk ffoorr tthhiiss ttyyppee ooff sseettttiinngg aarree wwaannttiinngg tthhee bbaacckkddrroopp,, qquuiieettnneessss,, aanndd ffeeeell ooff tthhee ccoouunnttrryy.. TThheessee ccoouupplleess aallssoo aarree nnoorrmmaallllyy llooccaall aanndd kknnooww tthhee aarreeaa wweellll.. TThhee FFoorrttyy wwiillll llooookk aatt hhaarrvveesstt ttiimmeess aanndd aavvooiidd tthhoossee ddaatteess aass mmuucchh aass ppoossssiibbllee aass mmoosstt ooff tthhee ttiimmee wwee aarree oonn vvaaccaattiioonn dduurriinngg hhaarrvveesstt sseeaassoonn aanndd oofftteenn dduuee ttoo tthhee wweeaatthheerr hhaarrvveesstt ddooeess vvaarryy..

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44.. TThhaatt tthhee pprrooppoosseedd uussee wwiillll bbee ccoonnssiisstteenntt wwiitthh tthhee ppuurrppoosseess ooff tthhiiss CCooddee,, tthhee CCoommpprreehheennssiivvee PPllaann,, aanndd aannyy ootthheerr ssttaattuutteess,, ccooddeess oorr ppoolliicciieess tthhaatt mmaayy bbee aapppplliiccaabbllee,, aanndd wwiillll ssuuppppoorrtt rraatthheerr tthhaann iinntteerrffeerree wwiitthh tthhee uusseess ppeerrmmiitttteedd oouuttrriigghhtt iinn tthhee zzoonnee iinn wwhhiicchh iitt iiss llooccaatteedd..

Applicant: Tracy and Sheila Scott will follow all codes required, the Comprehensive plan and any other statues ordinances or policies that are needed. Please inform us of any of these Codes, plans, statutes, ordinances and policies we may need. We are supportive of the natural environment and have livestock, horses, pigs and natural grass on our property. The wedding will not disrupt the farming/agriculture of our acreage. Weddings will be contained to the barnyard area and barn.

Staff Analysis: The following Comprehensive Plan policies relate to the proposal under consideration: Chapter 5, Plan Elements: Goals & Objectives:

Section 5.3 Economy 3. Strengthen the tribes’ private (small business) economy by creating suitable conditions

for tribal members to start and expand businesses and social enterprises.

Allowing seasonal events such as a winter and spring bazaar with selling by local craft vendors does provide an opportunity for small businesses in the area to sell their products.

Letters from persons supportive of a rural wedding venue such as the one proposed point out that wedding guests from outside the area would likely stay at Wildhorse bringing business to the area.


Section 5.14 Public Safety 4. Provide effective emergency service to the CTUIR community including life-saving rescure services, emergency medical service, fire protection services and HAZMAT response.

Any use with large number of people needs to be accessible to emergency services such as fire and emergency medical.

Section 5.6 Natural Resources 6. To protect, preserve and perpetuate the CTUIR’s culturally significant places and

resources for the benefit of current and future generations.

Its important to ensure that any use approved does not overburden the area. The uses that are allowed outright in the area are farm use and residential. The increase in traffic if it were during harvest time or when the road is dusty could be a conflict with the existing uses. This could be partially mitigated by paving the road, avoiding events during harvest, and ensuring adquate signage. Another concern is potential use of alcohol at weddings. The applicant has stated that any alcohol provided on site would be provided by the Bride and Groom. While this would not trigger OLCC licensing, the applicant has stated that they would require the bride and groom hire a licensed bartender to serve the alcohol to ensure that it is served responsibly. Alcohol would not be allowed to be sold. The applicant has also stated that they would provide shuttles for wedding guests to ensure that guests who drink do not drive and so arrive home or at their hotel safely. If shuttles were also provided for pick up at venues where multiple guests may be staying this would also reduce traffic impacts. Finally, if seasonal events are planned, advertising and posting these locally could increase participation and attendance by the local community.

CONCLUSIONS: 1) The location, size, design, and operation characteristics of the proposed use are such that it will have

minimal adverse impact on the property value, livability, and permissible development of the surrounding area providing that impacts associated with additional traffic in the area are mitigated through road paving, drainage improvements, and trip reduction strategies.

2) The proposed development is likely to create an aesthetically pleasing and functional environment consistent with the nature of the use and setting.

3) The proposed use is an occasional use proposed in conjunction with a permitted use. There is substantial reason for locating the use on the proposed site as it is available and meets their criteria,

4) The proposed use is consistent with certain Goals and Objectives of the CTUIR Comprehensive Plan as identified within this report providing that the conditions below are met.


DECISION OPTIONS:

In acting on this request, the Land Protection Planning Commission must choose one of the following decision options:

1. Approve the Conditional Use request without conditions; 2. Approve the Conditional Use request with conditions; 3. Deny the Conditional Use request; 4. Recess the hearing until a specified time, date, and place; pending further testimony or

information; 5. Table the decision until a subsequent Land Protection Planning Commission meeting.

STAFF RECOMMENDATION:

If, after consideration of public input, the Land Protection Planning Commission favors approval of the use, staff recommends that the following conditions be required of the applicant:

1) A development permit shall be submitted for a change of use of the barn to accommodate the new assembly use. Any required conditions of the change of use must be complied with to utilize the barn for the events including any required additions for accessibility and fire safety. The permit shall be submitted within one year of Conditional Use approval. If additional time is required a one year extension may be requested by the applicant pursuant to LDC 6.025.

2) Parking spaces and aisles shall meet the dimensions shown in LDC 17.010 Off-Street Parking standards. The required percentage of accessible parking spaces shall be provided along with an accessible path to the venue area and to sanitation facilities.

3) An insurance policy relevant to the business use of the property shall be obtained to cover all proposed events and shall be submitted to the Planning Department for the record.

4) The applicant shall work with Umatilla County Road Department to pave the unpaved section of Kirkpatrick Road and the driveway entrance to the property along with any related requirements this may trigger. The paving is required prior to any use of the property for weddings or seasonal events.

5) Events shall be subject to the current pandemic restrictions issued by the CTUIR Incident Command Team, and any applicable pandemic restrictions issued by Umatilla County or the State of Oregon.

6) Events shall be limited to no more than 8 weddings and 2 seasonal events per year, or 10 weddings if no seasonal events are held. Event size shall be limited to the facilities available on the property (parking capacity, barn occupancy, sanitation facilities) but in no case greater than 150 persons at a time. All events shall be completed by dusk. In planning events it would be wise to avoid harvest season and spring flooding. However, since these times vary from year to year, this planning will be left up to the applicant. Tribal Farming shall be notified of all events so they can be aware of potential heavy traffic times.

7) Seasonal events shall be allowed through a temporary use permit. Seasonal events shall be limited to daylight hours, and a maximum of 2 days each. The first seasonal events shall be trial events to determine if the setup is workable and if future seasonal events should be considered given the inability to predict the number of visitors.

CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATIONTribal Planníng Office

CONDITIONAL USE / VARIANCE APPLICATIONSUPPLEMENTAL SHEET

DEAR APPLICANT

Please fill out this APPLICATION completely and as accurately as possible. If a block does not apply,write 'N/4" in the space provided. An incomplete application cannot be processed.

1) Please fill out your full name, current address and phone number

2) Please fill out the full name, current address and phone number ofthe legal property owner (s) ofthe site your are requesting a permit for. If you are the sole property owner, simply write "same"on the first line.

3) This is the location of the site as described by section, township and range. If you are not familiarwith this method or you do not have access to this information, we can assist in determining thelocation upon request.

Indicate whether the property is fee land (tax lot) or trust land (allotment) and the parcel numberAlso specifu the parcel acreage.

Indicate the right of way or easement road that allows legal access to the property (e.g., county,road, street, or access road).

Indicate the current use or uses ofthe subject property

Indicate the specific use or uses for which you are requesting this conditional use/variance.

Explain in details on a separate sheet how the proposed use conforms to the conditionaluse/variance decision criteria (see attached page) and present a detailed site plan ofthe proposed

Read the statement carefully. Sign and date the application only after the application has beencompletely filled out.

NOTE: If the information presented is unclear or questionable, you may be required to provide furtherinformation such as lease agreements, evidence of legal access, legal ownership, etc.

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IF YOU HAVE ANY QUESTIONS CONCERNING THE APPLICATION PROCESSOR CODE REQUIREMENTS, FEEL FREE TO EITHER STOP BY THE PLANNINGOFFICE OR CONTACT THE OFFICE AT 429-7523* * * t * * * t * X< :t t * {< {< * * X( * rF {< {< {< {< * {< rF {. {< * i< {< {. * * {< {. {< * {< {< {< {< * * * * * * X( * * t * * *. i< {< :1. :1. ¡t * {. :1. {< {< * * * * * *

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File #: Att-- dt û(4Exhibit #2

Page 1 of 9

I

rCONFEDERATED TRIBES OF THE UMATILLA INDIAN RESÍRVATIOT{

Tribal Planning Office

464llTímine Way' Pendleton' Oregon' 97801

CONDITIONAL USE APPLICATION

Appl icant's Name:Address:

Phone

PhoneLot OwnerisAddress: tl7

Name:

Description:W) Allotment ( ):

ProoeftvTax'Lot!

Section TowqshiP Range

pr.r"", n"rß¿øfutoial Acreage: qO

Legal Access:

se of . including any exist structures and the current

)

Proposed Use: (Explain in detail on a separâte sheet)

Decision criteria: (Explain in detail on a separate sheet)

o A response shall be submitted with this application explaining how this

request relates to the applicable decision criteria (see Attached).

. Also submit a statement explaining any other evidence you plan to present

and a detailed site plan of the proposed use'

I understand that any false statements made on this application may cause subsequent approval by the

Natural Resources Commission to be null and void'

I hereby certiry that I understand that by signing this permit application, I am giving the CTUIR Tribal

Planning Offiðe the authorization to conduct any site inspections necessary in reviewing this application'

INCOMPLETE APPLICATIONS OT

Date:Agent:

t am the (Circle One): Ownerlowner's authorized representative (lf authorized representative, attach letter

signcd by owner)TRIBAL PLAI\NING OFFICE USE ONLY

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File #: C ¿.') (.)Exhibit #2

Page 2 of 9

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tronr ær. Thbrì¡¡rr-änpÉ n 'tc|nreolât ||[|il'rúcrerto*!9þq¡asrrrdhtËtcmbc#tldñú*lw!. frJtmü hc,.r¡. -.t OA d tr ü'' Gr u¡tr t+foxÍrr¡ly tn pcoeþ trt GSI-I ¡ rpplü:ff 5O cÜt.

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ddt¡oodPonrh.r of tllnpotüt ün õ¡Írr.

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¡¡¡ om gpar ú]t Thtl d br hr{ tì ãr b-n md s¡rrænóll! bÍft.tÚ ü!1G¡cñ booü l¡ ¡ n*rln¡m d loxto æd û. rr¡üt r I brt ærol¡ oult5a ltr.büu hrba üto brrn ñG booû¡ rt d b¡Í t0l¡O .ñd ô. Éb b 12 hel ütþ"Thl¡ ull rfor r'tph fooî! lor pcopt þ flrt rocrfy ðrrrrcrd. Uþ f,3¡oorrfre¡ fttryoñc to *i ¡ nr¡l rú hrìó ¡rrGlct ¡ protürd ütforr3horrlürr atrñtË þ¡¡ egrærl¡rçr ócllgne for p¡tn$ Tïìü Gülril fl ttl.d rddüon¡ por¡FolË¡¡ ¡¡ rl l¡ fr ddfirñ.l g.rô.eG crn. Tltc hor.¡r¡ of ogcrdon plrna¡d brlhe brrr rn tOA-S3P.l oo Fùlry rtìd 8 A-*3PL ott Sûrdry.UUbn¡E L:r dl¡ply pñrñt¡ton ft gËGl sþnr.bog l{irtp¡Ûlct Ro- þülg¡üdÊbül.bfrl

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Exhibit #2

Page 3 of 9

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Page 4 of 9

Exhibit #2

Page 5 of 9

Exhibit #2

Page 6 of 9

Exhibit #2

Page 7 of 9

(1) Our property (event location) is not located near others. Neighbors are at least % mile down

Kirkpatrick road and cannot see our property happening due to the elevation differences. The event

property (barn) sits on 40 ac and just west of our home. Events would be held in this area. There is

ample space for these events. We have gravel parking, rental porta potties during events and extra

garbage disposal, therefore debre will not negatively impact our property value, livability and furtherdevelopment of surrounding wheat fields. The only road that would be impacted with is Kirkpatrick rd

which is a 2 lane road and approx 2 miles. This 2 day event from L0 am to 3pm and Sam-3pm would not

negatively affect neighbors. During weddings which is very seasonal and only a few days per yr the

traffic may increase to about 20-40 cars on the day of a scheduled wedding. My hope is to have

approximately 10 weddings per year. That will leave 355 days that my wedding venue will not affect

and approximately 1"0 days per year that traffic will increase.

(2) Our property is aesthetically pleasing to the eye and functional environment to the highest degree

consistent with the nature of the use and the given setting.

(3) Weddings on our property will not be considered commercial as these will be small intimate

weddings held in a rural setting with a country atmosphere with wheat surrounding property, animals

grazing property and a country road to complete the country wedding picture. These weddings will be

averaging 25-40 cars on a one day event and will be on the property between 1 and 4 hrs on the day ofthe wedding. Couples who look for this type of sett¡ng are wanting the backdrop, quietness, and feel ofthe country, These couples also are normally local and know the area well. The Forty will look at

harvest times and avoid those dates as much as possible as most of the time we are on vacation during

harvest season and often due to the weather harvest does vary.

(4)Tracy and Sheila Scott will follow all Codes required, the comprehensive plan and any other statutes,

ordinances or policies that are needed. Please inform us of any of these Codes, plans, statutes,

ordinances and polices we may need. We are supportive of the natural environment and have livestock,

horses, pigs and natural grass on our property. The wedding will not disrupt the farming/agriculture ofour acreage. Weddings will be contained to the barnyard area and barn.

Thank you for your time in this matter

( Ll-2Û "0ü Ll

Criteria Response

Exhibit #2

Page 8 of 9

Date FiledFee Paid:

¿Ð Reviewed By:Hearing Date:

NOTE:

ATTACHMENT: Conditional Use Decision Criteria (Land Development Code Section 6.015

A Conditional use may be granted if, on the basis of the application, investigation and evidence submittedfindings are made based on the criteria below. A Conditional Use may be granted unqualifiedly or may begranted subject to prescribed conditions.

(l ) That the locations, size, design, and operations characteristics ofthe proposed use are

such that it will have minimal adverse impact on the property value, livability, andpermissible development of the surrounding area. Consideration shall be given tocompatibility in terms of scale, coverage, and density, to the alteration of traffic pattemsand the capacity ofsurrounding streets and roads, and to any other relevant impact oftheproposed use.

(2) That the site planning ofthe proposed use will, as far as reasonably possible, provide an

aesthetically pleasing and functional environment to the highest degree consistent withthe nature ofthe use and the given setting.

(3) Ifthe use is permitted outright in another zone, that there is substantial reason forlocating the use in an area where it is only conditionally allowed, as opposed to an areawhere it is permitted outright.

(4) That the proposed use will be consistent with the purposes of this Code, theComprehensive Plan, and any other statutes, ordinances or policies that may be

applicable, and will support rather than interfere with the uses permitted outright in thezone in which is it located.

Variance Decision Criteria (Land Development Code Section 8.015)

A Variance may be granted if, on the basis of the application, investigation and evidence submittedfindings are made based on the criteria below. A variance may be granted unqualifiedly or may be grantedsubject to the prescribed conditions. A variance may be granted only in the event that all ofthe followingcircumstances exist:

(1) Exceptional or extraordinary circumstances apply to the property which do not applygenerally to other properties in the same zone or vicinity and result from lot size orshape, topography or other circumstances over which the owners of properfy sinceenactment of this Code have had no control.

(2) The variance is necessary for the preservation ofa property right ofthe applicantsubstantially the same as possessed by the owners of other property in the same zone orvicinity.

(3) The variance would not be materially detrimental to the purposes of this Code or toproperty in the same zone or vicinity in which the property is located or otherwiseconflict with the objectives of any Reservation Plan or Policy.

(4) The variance requested is the minimum variance which would alleviate the hardship.

File # cu-,Jo -004Exhibit #2

Page 9 of 9


Confederated Tribes of theUmatilla Indian Reservation

Natural Resources Commission

46411 Timíne Way Pendleton, OR 97801

www.ctuir.org email: [email protected] Phone 541-276-3099 Fax: 541-276-3099

PUBLIC HEARING NOTICE DISSEMINATION RECORD

File #: CU-20-004; Conditional Use request filed by Sheila Scott, 47986 Kirkpatrick Road.

Land Protection Planning Commission Public Hearing Date: December 8, 2020

Newspaper and Date Published; 1. East Oregonian: November 28, 2020 2. CUJ: December 3, 2020

Posted in six public Places;

1. Mission Market: November 25, 2020 2. Yellowhawk Tribal Health Clinic: November 30, 2020 3. BIA Umatilla Agency: November 25, 2020 4. CTUIR Housing Department: November 25, 2020 5. Nixyáawii Governance Center November 25, 2020 6. CTUIR web site: https://ctuir.org/events/lppc-public-hearing-cu-20-004/

Attached are copies of the public hearing notices that were posted, published and mailed to all interested parties, subject property owners and adjacent property owners, as required by Land Development Code Section 13.020.

Exhibit #3 Page 1 of 7

https://ctuir.org/events/lppc-public-hearing-cu-20-004/



Land Planning and Protection Commission



PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN that the Land Protection Planning Commission (LPPC) of the Confederated Tribes of the Umatilla Indian Reservation will hold the following public hearings:

Conditional Use File #CU-20-004 – Sheila Scott, applicant and owner of property at 47986 Kirkpatrick Road, Pendleton, OR 97801 is requesting Conditional Use approval to utilize the barn and surrounding area on this property for weddings and occasional seasonal events. The subject property is also identified as Umatilla County Tax Map 2N33 Tax Lot 400. The proposed use is listed as a Conditional Use in the Ag-2, Farm Pasture zone; commercial activity in conjunction with a permitted use. Conditional Use approvals are subject to CTUIR Land Development Code Chapters 6 and 13.

The hearing will be held on Tuesday, December 8, 2020 at 9:00 a.m. Due to COVID-19 precautions this hearing will be held via Microsoft Teams. If you would like to participate in the hearing or provide testimony, please call 321-754-9526 at 9:00 a.m. The conference ID is 390 359 881. Materials relating to this conditional use requestand additional information for joining the meeting are available for review at the Tribal Planning Office or onlineat https://ctuir.org/events/lppc-public-hearing-cu-20-004/.

The public is entitled and encouraged to participate in the hearing and to submit testimony regarding the request. Written comments must be received in the Tribal Planning Office by 4:00 pm July 24, 2020 via hard copy or by email to [email protected].

To obtain further information or if you have questions regarding the hearing process or the proposed conditional use, please contact the Tribal Planning Office at 46411 Timíne Way, Pendleton, OR 97801 or call (541) 276-3099.

Lindsey Watchman, Secretary Land Protection Planning Commission



mailto:[email protected]




Zoning, Development Permits Environmental Health & Public Transit



November 27, 2020


Dear Property Owner:

On December 8, 2020 the Land Protection Planning Commission of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) will hold a public hearing concerning a Conditional Use request as described below. You are receiving this notice because you are an owner of property located within 250 feet of the subject properties (see map enclosed). According to Section 13.020 of the CTUIR Land Development Code, all owners of property located within 250 feet of the property which is the subject of a public hearing shall be given written notice by mail at least ten days prior to a public hearing.


The hearing will be held on Tuesday, December 8, 2020 at 9:00 a.m. Due to COVID-19 precautions this hearing will be held via Microsoft Teams. If you would like to participate in the hearing or provide testimony, please call 321-754-9526 at 9:00 a.m. The conference ID is 390 359 881. Materials relating to this conditional use request and additional information for joining the meeting are available for review at the Tribal Planning Office or online at https://ctuir.org/events/lppc-public-hearing-cu-20-004/.

Written comments must be received by the Tribal Planning Office by 4:00 p.m. December 4, 2020 via hard copy or by e-mail to [email protected].

The public is entitled and encouraged to attend the hearing and to submit oral or written testimony on the request. To obtain further information and/or a staff report on the request, contact the Planning Department; telephone 541-429-3099 or 541-429-7517.

Sincerely,

Holly E. Anderson Associate Planner




Lavadour Ln

NCay u

s eRd

Kirkpatrick Rd Kirkpatrick Rd

T2145

2N33000002300

2N33000002500

C393-A

C55

WW176

WW115-F

C245

C248-A

C248-BC248-C

C250-A

TC250-B

C251

C319

WW113

WW115-A

WW115-A

WW115-C

WW115-E

WW175-E

TC233-A

2N33000000400

2N33000000300

WW175

WW111

WW115

WW115-D

T2115

WW175-F

THE CONFEDERATED TRIBES OF THEUMATILLA INDIAN RESERVATION

´

Notification Map: CU-20-004

0 430 860 1,290 1,720215 Feet

LegendSubject Property250' Notification Buffer

Properties to NotifyParcels (CTUIR)


CU-20-003 Public Notice Recipients Trust & Allotment Recipients

Allotment Ownership C248-A A C248-B A C248-C A C250-A A WW115 A TC250-B T

Taxlot Recipients Ownership Taxlot Owner

F 2N33000000400 Tracy & Sheila Scott F 2N33000000300 Susan Lyon

Agency Recipients Contact Agency Address

Director Umatilla County Public Works Department

3920 Westgate Street Pendleton, OR 97801

Wendy Neal UEC PO Box 1148 Hermiston, OR 97838-3148





Zoning, Development Permits Environmental Health, & Public Transit




NOTICE IS HEREBY GIVEN that the Land Protection Planning Commission of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) will hold the following public hearing.


The hearing will be held on Tuesday, December 8, 2020 at 9:00 a.m. Due to COVID-19 precautions this hearing will be held via Microsoft Teams. If you would like to participate in the hearing or provide testimony, please call 321-754-9526 at 9:00 a.m. The conference ID is 390 359 881. Materials relating to this conditional use request and additional information for joining the meeting are available for review at the Tribal Planning Office or online at https://ctuir.org/events/lppc-public-hearing-cu-20-004/.

The public is entitled and encouraged to participate in the hearing and to submit oral or written testimony regarding the request. Written comments must be received by 1:00 pm December 7 at the Tribal Planning Office or via email to [email protected]. To obtain further information contact the Tribal Planning Office at, 46411 Tímine, Pendleton, Oregon, 97801 or call (541) 429-7517.

Lindsey X. Watchman, Secretary Land Protection Commission







Zoning, Development Permits Environmental Health & Public Transit



MEMORANDUM

DATE: November 6, 2020 TO: Tribal Staff Review Committee FROM: Holly Anderson, Associate Planner, Tribal Planning Office REGARDING: Meeting Thursday, November 12, 2020, 1:30 pm, via Microsoft Teams _______________________________________________________________________

The Tribal Staff Review Committee is scheduled to meet on Thursday, November 12, 2020 at 1:30 pm. to review the following applications:

Conditional Use File #CU-20-004 – Applicant, Sheila Scott, 47986 Kirkpatrick Road, Pendleton, OR 97801 seeks approval from the Land Protection Planning Commission to utilize the property for weddings and occasional seasonal events. The subject property is identified as Map and Tax Lot 2N330000-00400. The property is zoned Ag-2, Farm Pasture. Conditional Use approvals are subject to the CTUIR Land Development Code Chapters 6 and 13. A public hearing with the Land Planning Protection Commission is proposed to be scheduled for December 8, 2020 at 9:00 a.m.

The application and supporting materials for this request are posted on the Free4all shared Drive in the TPO folder. If you have questions or need further information, please contact Holly Anderson at ext. 7517. Each committee member should review the proposals:

• To determine its compatibility with the Tribes’ Comprehensive Plan, Land Development Code, andother Tribal Statutes, Resolutions, and Policies;

• To determine the overall impacts this request may impose on Tribal services and utilities, theenvironment, wildlife, and on the Reservation

Call-in to the TSRC meeting through Microsoft Teams Video Conference or by phone:

Join Microsoft Teams Meeting +1 321-754-9526 United States, Orlando (Toll)Conference ID: 285 701 804#

Written comments will be accepted until the end of the day on Thursday, November 19, 2020.

Exhibit #3Page 7 of 7

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tel:+1%20321-754-9526,,285701804#%20

November 19, 2020

Sent by email to: [email protected] PLANNING OFFICE46411 TIMINIEPENDLETON OR 97801

ATTN: HOLLY ANDERSON

RE: Conditional Use Permit for Sheila Scott

Dear Ms. Anderson:

This letter is in regard to the application submitted by Sheila Scott requesting aconditional use permit for property located at 47986 Kirkpatrick Rd. Pendleton,OR 97801.

I believe approving this permit would be a great benefit to the community. Notonly would it bring in people from different areas to experience the historicalculture of the area, it would encourage people to stay in the hotels and eat outat our many restaurants supporting not only her but our community.

Thank you

nnLyve46541 Kirkpatrick RDPendleton, OR 97801


From: Courtney Can7To: Holly AndersonSubject: Wedding Venue Public HearingDate: Thursday, November 19, 2020 11:16:57 AM

EXTERNAL EMAIL: Please use caution when clicking links or opening attachments.

Hello Holly,

My name is Courtney Canfield and I was born and raised in Pendleton and my parents are VIPmembers at Wildhorse. Recently, I got engaged! It is so exciting to be able to start planning awedding and I am even more excited to do it in my beautiful little home town, as I live inSalem now. During planning it has been very hard to find a venue in Pendleton, let alone onethat would accommodate the 200 people I am expecting. "The forty" barn wasrecommended to me by quite a few people and I would love to be able to hold my weddingthere.

I believe that this would be a beneficial endeavor not only for Mrs. Scott but for the tribe, thecity of Pendlton, and our economy. If all goes as planned and I am able to hold my wedding atThe Forty, then I would use Wildhorse as a recommendation for my guest as well as me andmy whole bridal party would rent rooms there and utilize the other facilities, like the casino,movie theater, and bowling alley. While I do have a lot of friends and family in the Pendletonarea, my fiance is expecting about 80 people from his side to be traveling and using lodgingfor the weekend.

Please take all of these points into consideration as I am just one of what I would assume,many brides, who are in the same position of needing a venue for our big days.

Thank you,

Courtney Canfield




From: Lorin KubishtaTo: Holly AndersonSubject: Wedding VenueDate: Thursday, November 19, 2020 8:33:51 PM


Hello,

I'm writing a letter of support for Shelia Scott and the beautiful wedding venue she and her husband havecreated. I can't tell you how excited I was to see this for eastern Oregon. Speaking from experience, thereis a great need for event venues in our area.

Our daughter got married in 2017 and the intention was for the wedding to be in Pendleton. We lookedinto all possible scenarios but concluded that there were no real venues that were suitable and thewedding and reception ended up being held in Walla Walla. I assure you if "the forty" would have beenavailable then, we most certainly would have had the reception there with the beautiful blues in thebackground! In turn, the many out of state friends and relatives would have stayed locally, more thanlikely the casino hotel. As it was, those that came to the wedding paid for hotels in Walla Walla severalnights. This is an example of perhaps many that have struggled to find a place to have an outdoorreception. The location is ideal, so close to the casino for those that need to spend a night or two but theactual venue very much in the country.

Until our daughter was married, we didn't realize the great need for wedding venues in our area. Pleaseconsider "the forty" as a very positive contribution to eastern OR and allow this property to serve ourcommunity in this manner. I have known the Scotts for many years and they are good people that workhard. Let all their hard work benefit those that long for a place like this for a truly beautiful weddingexperience!

Sincerely,

Annette Kubishta




From: Ellen TaylorTo: Holly AndersonSubject: Wedding business on KirkpatrickDate: Saturday, December 5, 2020 9:47:10 AM


Thank you Holly for giving me an opportunity to express my concern. Living on Kirkpatrickall my life I am 55 now. My main concern is the traffic, speeding, alcohol, drunk driving,super spreader of Covid-19 because of gathering. Plus we only allow the casino and golfcourse to sell alcohol on CTUIR. If the resident knew she lived in the boundaries of the tribe.We have laws to follow. If she didn't want them she should have built her house somewhereelse. Clearly by her comments she doesn't like her neighbors. But we try our best just live in apeaceful neighborhood. We are not wealthy people, but we work. We all try our best to lookout for each others homes for strangers and odd activities. And we already are having peoplestopping by looking for the venue. Plus during Pendleton Round-up who knows if they willrent out space to the cowboys. Most of us are busy from our homes during this busy time ofyear. Thank you, Ellen Taylor 47285 Kirkpatrick Rd.

Exhibit 8Page 1 of 2



From: Ellen TaylorTo: Holly AndersonSubject: Wedding venueDate: Saturday, December 5, 2020 9:54:11 AM


Oh I forgot to mention the joggers, families walking, dogs, bikers, also some people don'twear the proper attire to walk at night they wear black so its hard to see them. We don't haveSidewalks or good lighting at night. Plus we have farming tractors during harvest. We alsohave people riding their horses. Thank you Ellen Taylor




From: Linda JonesTo: Holly AndersonSubject: CU-20-004Date: Saturday, December 5, 2020 6:04:46 PM


I am responding to notice sent out 11/27/2020.

First of all, I would like to voice complaint about this notice and the given date to respond.There was only 10 days from time notice was mailed to date of hearing. Not sufficientconsidering mail time.

Secondly, why is it required to have responses by 4:00pm on 12/04/2020. If time is needed tocompile responses, send the notices out earlier.

Anyway, I oppose this request by Sheila Smith. Kirkpatrick Road which leads into NorthCayuse Road is busy/congested with farm equipment and operators early spring through fall.The plan by this family would increase that congestion and or cause accidents. This is anagricultural area all around their property.

I live directly south of this family and do not want the additional noise events would bring.

I hope my comments are taken into consideration even though I did not meet you requesteddeadline.

- - Linda R. Jones, X-404.

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To Whom It May Concern:

My name is Alex Nilo, X-1713, and I am writing this written testimony regarding case #CU-20-004.

I am against the request to utilize the barn and surrounding area made by the applicant and owner, Sheila Scott.

I believe it is my responsibility to protect and advocate for the Northside of the reservation as I have lived in the area for 25 years. This area has always been peaceful and quiet, and I would like it to remain the same.

I believe my late grandparents (Thompsons), who once lived in the area, would also be against Scott’s request. I believe it is my responsibility to advocate and protect this area from debauchery.

The three reasons why I am against #CU-20-004 are due to the impact it will have on the wildlife, impaired driving, and speeding. The loud music will become noise pollution for wildlife, which will lead to the disruption of the life cycle. This area has always been quiet, and the animals feel safe as they utilize this area for food, attract mates, and avoid predators.

Impaired driving is a concern to the area as I run/walk the hill in the early mornings and late evenings. Large celebrations may have alcohol and or other illegal substances that will cause impaired driving and speeding. This criminal behavior concerns me as it is unsafe for myself, surrounding neighbors, animals, and the driver. Speeding is a concern because the rocky road will become a “washboard” and have a higher chance of driving off the road. Depending on the crash's severity, it may lead to a fire and burn our wheat fields and houses.

Also, I am concerned about Scott's mentality due to her public posts that she has deleted on Facebook. Scott’s comments regarding the reservation are disrespectful to my community and Tribe. I have attached the images to this letter.

Again, I do not support case #CU-20-004.

Thank you.Alex Nilo


From: susan fasthorseTo: Holly AndersonCc: Lindsey X. WatchmanSubject: 47986 Kirkpatrick Rd. "The Forty"Date: Monday, December 7, 2020 9:11:15 PM


I am writing this in in response to a request to have wedding venues and celebrations right upthe road from my home. I do not feel this is a place for strangers, that do not live here, to comecelebrate, with options of alcohol, then drive thru mine and my peoples homelands. There area few options via backroads to get to this location. The main one, Kirkpatrick Rd. goes rightby my driveway. We are a small community, and enjoy the quiet of our area. The traffic ofstrangers coming and going is not something I support, nor want. I speak for family, myfamily, who have lived on Kirkpatrick Rd. for many generations and will continue long after Iam gone. This is a residential area, with many who enjoy the walk. Others ride bikes, horses.As it is, I have observed vehicles speeding excessively going directly to this residence. Thisrequires more patrols, law enforcement to regulate the laws. Please consider this my voice ofnon support for this venue. Sincerely Susan FastHorse X-851

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From: Alaska KoskiTo: Holly AndersonSubject: ConcernsDate: Monday, December 7, 2020 4:02:46 PM


Hello I know I am late on the email. But my name is Alaska Koski and I live here onKirkpatrick road. I grew up over here. I am concerned about what they are wanting to get upthe hill. I worry about the traffic that will be on this road because I walk this road. I also justhad a daughter and I plan on walking with her in stroller once the weather gets warmer I worryabout drunk drivers that may be driving up and down this road if what they are wanting isapproved. It is also nice and quiet for us over here and I dont want to see that disrupted. Forme my biggest concern is that so many people walk up and down this road and feel safe andthat all may change if it is approved for getting this venue approved up the road. I want thisroad to be safe for myself, my daughter, my family, and all my neighbors over here. I hopeyou can take into consideration what I have wrote here. Thank you.




From: [email protected]: Holly AndersonSubject: I vote noDate: Monday, December 7, 2020 12:09:09 PM


I vote no to the extra traffic, noise, stress on what wildlife is left in the area. I would guess thisoccasional events will include overnight camping, partying.

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From: Kevin AndersonTo: Holly AndersonSubject: #CU-20-004Date: Sunday, December 6, 2020 4:25:10 PM


To whom it may concern,

I am communicating today regarding the agenda item # 4 listed for the Land ProtectionPlanning Commission for Tuesday December 8th.

My name is Kevin Anderson. I am the owner of Happy Trails Mobile Bar LLC. The Happy Trails Mobile bar is a convertedvintage 1955 horse trailer that is used at wedding, corporate, private and public events in thisregion. We are a fully licensed and insured liquor caterer. I can not begin to tell you howexcited we were to hear of the opening of The Fourty Event location locally. We have traveledextensively outside of our local Pendleton area to support many, many events, none of whichwe have locally. The ability to showcase our hospitality within our own zipcode and utilize notonly a world class event site but the breathtaking beauty of the surrounding land has us beyondexcited for our future growth. After meeting with Sheila and her husband, I could notrecommend them enough. As part of your decision making process, please know there areseveral local vendors, myself included who would also benefit greatly from this event site.

I relocated to Umatilla County from the westside of Oregon. My parents, grandparents andgreat grandparents all came from this area. I am honored to call this part of the country homenow. I am proud to show everyone else this special part of Oregon. Having the ability tocontinue to stay local with my business is very important to me, and frankly, I believe thistruly remarkable landscape is by far better than many other options or locations.

Thank you for the opportunity to communicate my recommendation.

Warm RegardsKevin Anderson-OwnerHappy Trails Mobile Bar LLCPO Box 147Pendleton, Or 97801




From: Brett CookTo: Holly AndersonSubject: Scott Barn Preliminary Plan Review / Existing Barn to Assembly Area for GatheringsDate: Monday, December 7, 2020 4:45:00 PM

Holly,

All comments are based on the 2019 Edition of the Oregon Structural Specialty Code.

1) The existing structure is an Agriculture Building as per Section 312.1. The existingstructural occupancy classification will now be considered an Assembly Group A-3, asdescribed in Section 304.4.

2) The footage of existing building considered will be determined by submitted drawings:Main building floor is 23' by 56' Total: 1288 sq ftStall area to be used for food preparation and/or display arragement area is 12' x 56'

Total: 672 sq ft Total area to be considered is 1960 sq ft

3) Occupant load is determined by Table 1004.5, Function of space is considered asunconcentrated (tables & chairs). Occupant Load Factor is 15 net for a total occupant load of131 occupants. This is the maximum occupant load.

4) Type of construction is V-B Non-Rated construction. An auto-matic Fire Protection Systemis not required. A review of the Fire Chief shall determine number, type and locations of fireextinguishers.

5) Any additional safety devices shall be determined and approved by Fire Chief.

6) Existing emergency egress door meets minimum requirements. Emergency egress lightingshall meet Section 1008.

7) Address numbers shall be placed and visible from Main Road. (Section 502)

Any additional requirements will be addressed when owner submits new plans and applicationfor Building Permit and final review.

If you have any questions; feel free to contact me.

Stay Safe,

Brett




file number: cu-20-004 applicant: sheila scott, 47986 ...dec 08, 2020 · umatilla indian...

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