2036 - Resolution - Revoking Temporary Use PermitRESOLUTION NO. 2036
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REVOKING TEMPORARY USE PERMIT
TUP-012-03.
WHEREAS, on July 8, 2003 the City notified Ron Rice that the City staff had reason to
believe the conditions of Special Use Permit TUP-012-03 were being violated and thus a public hearing
had been scheduled for July 14, 2003 before the City Council for the purpose of determining whether or
not the permit should be revoked; and
WHEREAS, the Council held a public hearing on July 14, 2003 at which time the
testimony from the public was taken and the permitee had the opportunity to present evidence that the
permit conditions had not been violated, and being fully advised, the Council finds, concludes and
resolves as follows:
TESTIMONY AND EXHIBITS
The Council bases its Findings and Conclusions upon the following Exhibits and Testimony that it
finds to be relevant, credible and persuasive.
1. The Following Documents were admitted into the record:
A. Port Orchard Police Department report number D03-001690
dated June 28, 2003;
B. Documents Entitled "Event Chronology'' for events number
P030093293, P030093248, P030093070, P030092606
and P030092656;
C. Letter from Jerry A and Alice L Gaudette dated July 9, 2003;
D. Letter from Earl and Janet Prentice dated July 8, 2003;
E. E-mail from Timothy B. Allen dated July 3, 2003;
F. Letter from Loren D. Combs to Ron Rice dated July 2, 2003. and
G. A copy of TUP-012-03
2. The Port Orchard Chief of Police, Alan Townsend, testified that the "Event
Chronology" was a print out from Cencom that demonstrated that on June 28, 2003 there were more than
15 citizen complaints of loud music from the Howling Wolf Amphitheater, the property to which TUP-012-
03 applies, some of the complaints from locations over a mile from the Amphitheater.
3. Jerry Seitz testified that he lives more than a mile from the Amphitheater and the
noise from the amphitheater on June 28, 2003 was so loud that is disturbed he and his wife and could be
heard even from inside their barn.
4. Sandra Ashlock testified that she lives Y. mile from the Amphitheater and the
noise from the amphitheater on June 28, 2003 was so loud that she was bothered by the noise, even
though she had her doors and windows closed and her television on.
5. David Defenbaugh testified that he did not want the amphitheater to be closed,
but, on the other hand, the noise was so loud that he could hear it from his home 1.6 miles away and
couldn't get to sleep because of the noise and did not appreciate being able to hear the music in his
bedroom. He asked that the property owner be more considerate of his community.
Resolution No. 2036
Page 2 of 3
6. Doris Steruer testified that she lives .8 miles from the Amphitheater and at the
Albertson's parking lot on June 28, 2003 the Amphitheater noise was so loud that someone could have
been shouting at her from nearby and she couldn't have heard them.
7. Rene Hardiman is a neighbor of Ms. Steruer's and the noise from the
Amphitheater is so loud that when she is inside her home with the doors and windows closed she and her
children cannot sleep because of the noise.
8. Ron Rice, the applicant for TUP-012-03, testified that on June 28, 2003 the
promoter of the event at the amphitheater had used "went overboard" and that no doubt the music on
June 28 was too loud. He further testified that if the people could hear the music in their houses and it
was too loud to sleep, then it was too loud.
9. Lynn Rasmussen testified that the permit should be revoked, as the property
owner had been warned of excessively loud noises before, referencing at least two other events dating
back to 2000 and that he had been give a chance to keep his permit if he kept the noise under control.
10. Cindy Fourier testified that she lives 1.3 miles from the Amphitheater and the
noise was so loud on June 28 that with her windows closed she could hear every word of the music even
though she had her television on.
11. Pat Barrick, the promoter for the concert held at the Howling Wolf Amphitheater
on June 28, 2003, testified that they had used extra sound equipment at that concert. Normally they use
600 watts of electronic amplification and that night they used 11,000 watts of amplification. He
apologized for what he called "excessive noise".
FINDINGS
Based upon the above testimony and evidence the City Council finds as follows:
1. TUP-012-03 was issued by the City, with conditions that required the permit be
used in compliance with all city laws. TUP-012-03 allowed for the use of an outdoor amphitheatre on the
property located at 375 SW Sedgwick Road, Port Orchard, Washington. This property is known as the
Howling Wolf Amphitheater.
2. There have been numerous citizen complaints about the excessive noise at the
Howling Wolf Amphitheater, dating back to at least the year 2000.
3. The property owner, prior to June 28, 2003 had been previously warned about
the loud noise and had agreed to not allow it to occur again.
4. On June 28, 2003 the property owner allowed the property to be used for a
concert at which the music was electronically amplified.
5. The noise from the concert held at the Amphitheater disrupted the carrying on of
normal conversation of people at nearby businesses, interfered with the sleep of citizens in their homes
as far as 1.6 miles away, and disturbed citizens in their home conducting their normal activities.
6. The operator of the Amphitheater agreed that the noise from the concert held at
the Amphitheater Property on June 28, 2003 was too loud.
Resolution No. 2036
Page 3 of 3
7. The promoter of the Concert held at the Amphitheater on June 28, 2003
acknowledged that the noise was excessive.
CONCLUSIONS
1. The conditions of TUP-012-03 has been violated by being used in violation of the City's
ordinances, specifically Port Orchard Municipal Code Section 9.24.050(e) which prohibits creating noise that
unreasonably disturbs or interferes with the peace comfort and repose of owners or possessors of real
property.
2. The violation of the penmit conditions was done with the knowledge of the penmitee.
3. The penmitee had been previously warned about excessive noise and had agreed
not to allow it to reoccur. Thus, any less severe sanction then revoking the penmit would not be effective.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Temporary Use Permit TUP-012-03 is hereby revoked.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
"•• c'"' '" '"'"'""""~ "' '""' "'="' '"" ,. ''Z~
LESLIE J. WEATHERILL, MAYOR
I A;cneyNmne -INCIDENT I INVESTIGATION REPC OCA: N · Porrarchard Police Departm• DO!J-001690
c ORI WA.0180400 tr.uc I Time Reponed I
0 SA. Jun 28, 200J 16:49
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Printed al: 6/29/2003 20:09 Page: I
Reconsideration of TUP 012-03-Howling WoH Amphitheatre
Submitted by City Attorney Loren Combs · ·
Besolution No. 2036
:ident /Investigation Report
Port Ordlard Police Deparlntl!lll OCA: D03..(}01690
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N On J .... 2B, 2DC3 at about 2030 I W&S t1ispatched. to • t::clli.sion on SeQgwick aoad., by Albertson • s. I ~rrived.,
" aa.d. began to conduct the usual inves't.ig.ation. I noticed 't.h&t the music coming-from ':'he Hpwlint; Wolf wa. very R·
R loud.. I a.lso notieecl that most of the lyrics were indiscernible, ex.eept fer the ocet.sional C1.1%'Se wo::d..
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I When I was fi.::U.shinq with the c:cllision, I heard the music st.op, and someone qot en the microphone, and began
v talking to whomever W&S at The Howl in; Molt. The talking w .. &c:t:ua.lly louder than t.!:.e muaie. % he.arQ. the
E person oay .. Mother Fucker" in his .sentence, and then say, "Look dude, my balls ... ::t. t.op 0~ you:r head.. . I saw
that tbere were other citizens in the area, includ.in; small child%en. There were pe:.estrians, as well ••
patrons at the two gas station;, and 1\l.l:>ertson 1 s. I called the Police c:bief, and he &dv.:i.sed. me that he was
camino to m.y location, which was now in the parkin; lot of Alhe.rtson•s.
Wb.Ue waiting for the Chief, I could hear that • new band. beqan to play. Once the C'.ie! arrived, he commented. ..... loud the muzie was playing. I told him that it get loud.e:r when some on• qot en ~e microphone. ,1>_;: this
time., •omeone got on tho mi.e:rophone and-bef]an yellinq "'Fuck You, Fuck You, Fuek "toe ~co, .
X accompanied Chief 'l'owr~send •• he ccntactecl 1\cn Rice, and then one o! the """" me.Ce.rs. While be lrl:'as
c:::onversin9 w.i.th them, X heard. the nand a tart their next song. ~he lead sioger said. ~hat th.i!i WAS "For all tbe
Catbolic5 out there. . The lyrics by thl.s ))and were very ea~y t:o understand.. Tho wcr=-s st11ted. that a priest
takes an altel' boy l:leb.ind the ~.ilk curtain, and te~ls him, "God. wants you to 3UCk: rt.'j" dl.O'k".
Before leaving tb.e area, we were approached. by a female c:i't:i-zen that asked if this •as leqal, and told us that
she was appal.lecl.
After leevinq, I contacted C=:NCOMand asked fer a printout of the most recent compl&ints. CDICO!< faxed
complaints f.rom eight callers that were easy to pul.l up immediately en the computer. CE:NC:OM .t.c::lvised. that there
were plenty ft\Ore. hut if I required any them it woW.d take • fo%lll&l let.te:r from a S-:.:?ervisor. 'rh.ese callers
were from as far •• one mile away. called from an address on 0C9W00d. ""· about ~ !ft.ile .. ...... y,
st.atinq tb.at there were "'outdoor speakers with foul language". The "Event Chronolog:·• is atta:::hed to tb..is
report, qi.ving names and location:'!l of complainants. •• .... n •• ccumnents.
For lnfor.mation Only.
Printed at: 6/29/2003 20:09 Page: 2
Reconsideration of TUP 012·03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs ·
Resolution No. 2036
~Number: P030093293
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Reconsideration of TUP 012-03-Howling WoH Amphitheatre
Submitted by City Attorney Loren Combs
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Resolution No. 2036
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Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs
Zl'El tO·Bl·Nnr
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Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs
P.esolution No. 2036
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Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submifted by City Aftomey Loren Combs
Resolution No_ 2036
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Reconsideration ofTUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs Resolution No. 2036
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Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs
i-m P oottoos ;-m
Resolution No. 2036
RECEIVED
~.;to
~;lzUOJ ~
aTY o~ FIDRJ=o
Cffi CLERKS OFfiCE
Dear Mr. Mayor and City Council,
.uly 9, 2003
Thank you for acceptin~ our view about the noi~e conditions
in our neighborhood. Our home is located about \ mile south-
west of the "Howling Wolf Amphitheatre" -on the west side of
Sidney Rd. sw.
It has been our experience that due to the musical instru-
ment noise, voice speaking and howling over the loud speakers,
the noise is unbearably loud and altogether is just erratic
noise. When we work in our yard and garden it becomes very
unpleasant audibly drowning out even the sound of highway
traffic; and when we go into the house to relax after workin~
we are unable to listen to our TV. The sound vibrates the
windows. We are use to going to bed between 9:00pm and 10:00
pm. but the loud boom box erratic sounds from the amphitheatre
keep us miserably awake (our room is on the opposite side of
the noise direction).
Please help us shut this racket down. This same condition is
consistant from past years and my calls to the police have
been consistant. (This condl tion has started as early as 9:30
am to about midnight).
Jerry A. Gaudette
Alice L. Gaudette
<g'""7" -s 7 ::?; '2.
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs Resolution NO. 2036
•
1242 SW Harper Road
Port Orchard, W A 983 67
July 8, 2003
Rick Wyatt
Public Safety Committee
216 Prospect
Port Orchard, WA 98366
Dear Mr. Wyatt,
REe F.· ~.c ~n
• !,... • • ~ ' '
JUL 0 9 2003.
CITY OF POR: · .•. ' .... ,
CITY CLERtrS •. : ~ ••
We live about a mile from Howling Wolf Amphitheater over a hill and through the
woods on property bordering McCormick Woods. We moved here for the quiet and rural
atmosphere. The so-called "Farnily Entertainment" ~ at our house sounding like
yened vocal tirades and loud bass sounds over a boosted up amplifier. lt certainly has
lived up to its name! The noise is not appreciated. We were surprised when the
amphitheater first opened seemingly without any chance of input from the surrowuiing
area's residentS.
We would love to see Howling Wolf closed, but if it must remain open please do not
extend the entertainment past 11 at night and restrict performances to one or two nights a
week with strict limits on the deei'bellevel of the noise produced. Unlike the people who
plltronize Albertson's, we cannot get in our homes and drive· away! ·
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submilted by City Attorney Loren Combs
Resolution NO. 2036
Jill Boltz
From:
Sent:
-o:
Jbject:
Allen Timothy B (Tim) PSNS [allent@psns.navy.mil]
Thursday, July 03, 2003 12:24 PM
City Hall Mailbox
Howling Wolf Amphitheater
I live about 2 miles (as the crow flies) west of the Howling Wolf. Last
Saturday, I could hear the obscenities being screamed over the loudspeaker
from my back yard at dusk, which I would guess to be about 9:30 pro. I
didn't know what it was until I read the article in the Sun yesterday. I
don't mind the noise so much (I can also hear the drag racing at Bremerton
Raceway, which is over two miles away to the west), but the obscenities
really bothered me. I can't imagine what is was like for families getting
out of their car to shop at Albertsons. This is NOT good for our community.
I have read about many of the complaints regarding the Howling Wolf in the
newspaper, and how they are trying to clean up their act. But this is the
last straw, in my opinion. If I was on the City Council, I would vote to
revoke the permit and shut them down. The Howling Wolf had their chances to
"get it together'', and they have failed.
Reconsideration of TUP 012·03-Howling WoH ATphitheatre
Submitted by Cily Attorney Loren Combs
Resolution NO. 2036
MCGAVICK
GRAVES
ATT.ORNEYS AT LAW
A Professiooal Services CotpOratlon
www.mcgavietgravcs.com .
Loren D. Combs
ldt@mcgovkt.cow
ll OZ Bmdway, SUite 500
Taco,.., Wuhllll!lon 98402-3534
Tolq>bollo (ZS3) 627-1181
Fa~ (:LS:!) 627-'1247
July2, 2003
Certified Mail· Return Receipt Requested
and First Class U.S. Mail
Ron Rice
Briarkirk Bam .
Rolling Thunder Productions
375 SW. Sedgewick Road
Port Orchard, WA 98367 .
l'ciA:.r 1. Allen
L Paul Alvr:stad
Otego!)' P. Amonn
LotenD.C-
JameaW. Pdtw
Gtog011 R. Fox
Dennis P. G,ccnlcc,Jr. H_, llau
~A. Jacoby
K. Michael J...,;,gs
.Roy P. Kussm:um
RE:· Notice of Hearing to Revoke Temporary Use Permit
Dear Mr. Rice:
Malcolm c. Lindquist
Edward R. l.indruom
Dave I. LOl<Ollb«g
Angela L. OJ=>
BarbaraJoSylv""""
1osepb P. Zehnder
Of Counsel
lb.y <><aves
La..,..... B. McNcrtbnoy
W'dliamP. Berg....,
Robert L lle:lle
Gregory H. Pratt
Leo A. McGovick
(1904-19!14)
Resolution NO. 2036
Please be advised that a hearing has been scheduled for July 14, 2003 at
7:40P.M for the purpose of determining whetl:ler or not your Temporary Use Permit
shall be revoked. ··The reason for the revocation hearing is because the Conditions of
the Permit are alleged to have been violated on June 28, 2003. "It is alleged that on that
date the Permit was used in such a manner as to allow a public nuisance to occur and
that the City's Noise Ordinance was violated. It is alleged that a sound system was
used to magnify s~und to such a degree that citizen complaints were received from as
far away as McCormick Woods. A copy of the Police Incident Report is attached for
your reference. · ·
The hearing will be held by the City Council in the City Council Chambers, Third
Floor, Port Orchard CitY Hall. You will have an opportunity to testify and present
evidence on your behalf.· The hearing will be open to the public and shall be held during
£LZ-o 90/ZO"d £68-l mzmm
MCGAVICK
GRAVES
ATTORNEYS AT LAW
A Professional s.mc.. C«pol'Oiiou
Ron Rice
July 2, 2003
Page2
Resolution No. 2036
the regularly scheduled City Council meeting. Should you have any questions with
regards to process or proeedure; please do not hesitate to contact me.
Sincerely,
1Aw-(1IJ Lt)Lr;.~or
Loren D. Combs
LDC:dck
Enclosure -As stated above
cc: Mayor leslie (Jay) Weatherill (w/endasure)
Alan ToiNnsend, Chief of Police (w/enclosure)
Patricia Parks, City Clerk (w/enclosure)
~=·-
£LZ-~ 90/£0"d £68-l mzmm
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07/01/2003 09:S1 FAX 36D, oSS46 POPD
Resolution No. 2036
11!10~
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~~d"Orclurrd Pollett Deparlmi!nl INCIDENT /INVESTIGATION REPORT OCA.: DI13-IJ01690
ORI J1Y A.f/189400 D:ltc /Tfn"C ~f"LCCC
SA Jll~ 1/J, 2003 16:49
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t.o<a"oo orinc;o..., SI4My Rd Sw I S>v Seiii(Wic/1: Rd, Port Ort:ltard, WA. !Premi"T~ OtherlfJnk""w" IOffcDIIC r,..,
How Auac:kcd or Commlttr.d
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Printed at: 612912003 20:09 Page: I
ElZ-~ so;vo·d £68-! mzmm w•s£:eo £0-11-80
07/0l/%003 09:51 FAX 360' ';646 POPD
lncldant /Investigation Report
li!lD4
Resolution No. 2036
N on Junt! :2:1, 2003 at eout. :030
A oa.~ :bt::901n t.o con.du.::t;. tb!! usua1
k laud. I al~o noticed EhA~ m~s~ R.
X was d1$P~tcbed to~ eoll~aion on Sed~ck 10a4r by Alb~tso~·~. 1 ar~ived.
~GVes~i;ation. I notieed ehat cbe m~i~ ~ominq tr~ ~he 9ow11ag Wolf vs~ vory
ct t.b.e-lyxics 11ez:• ir..cli.sl!egtibl.e, 4!!xcept. :ft:a:t" th-e ocC"ad.OAal ~u:r:.:~• wc:~:-<1.
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When ! W$~ f~c13hing wt~~ tb~ ~ol1i1ign 1 I h~ard t~e musi~ stop, an~ so=eonQ ~at gn che ~crgphoner ~ b~9~n
tal~g to who~v•r was ae T~e H~lin; Kolf. The talking wo~ aetu~llt louder thaft ~~ ~usic. X he6~ the
p~~soa say ~other FockcrP in hi~ ~cnt8hCe 1 and e~n ~ay. n~ook dude, my ~~ll~ are~~ ~op Q~ yo~~ head.~ I s•w
tbat th~re V~re othar citi=cna in the ere~, including smk11 ~hi1dLen, There ve:t"e pc~3tr1eu5. &$ well a~
p~trons at ~ two ~~3 station$, and Albe:t=gn's. I called the fgliQe Cbiet, •~d be aUvised me t~t be ~a3
eomiag to my loc:ation, 'lfhich WCL$ 1\Qll' in th.e poll:~il:in4il .J.gt of A.l.hart.s«;'".
W~ile v~i~ng rox the ehie~. ~ eg~ld h~&~ thae ~ new band began eo ~lay. once the ~ief A~~ived, h• ecmmA~tod
h~ loud th~ ~$ic waa ~l&yiuQ. I told ~im that it get loud~~ when aomeoa~ g~ on ~e mierophenc. A~ th1s
ttm&, som•ooe ;ot oath~ mic~opbonv ~nd began yellinq •ruck You, ~u~t ~gy, FUQk Yot ;oo.•
I &Qcgmpa~1ed Chia~ ~own~end as he eQqt•=~&d Rcn nice, ~nQ tben gne o~ the ~aod ~ra. ~hi~e bo wa~
eon~rsinq with ~-~ : hear~ t~~ ~and acart th~it next song. The 1eAd singe~ s&i4 ~~•t thia waa ~For ~l t~•
Catb011ce aut the~e.• Th~ lyrics by tal$ ~nd were vezy o~~y to ~nderstand. ~b~ wo:~• state~ t~t a pr~e~e
t.akas ,.1\ alter :boy b'9bi:l'l.d 'the ~.i.llc. curtain, atld. tell: ~im.-.. God \ll'e;Lt~ ygu t.a suc:k IIIJ.' d~Ck"'.
'Be:tore 1e.3V1b'l the oree., life ..,en opProM:hed. :by a (eL<Lle cLtJ.t.el\ tha~ :!~k~4 it this ,.,as l•11lll1 ancS. told u& thAt
she ~& appallod.
Atte~ 1eavin~, I cooe~ctad CENC~ Qnd asked tor a prin~out oZ the mg~t r•eaP~ ccmplaiAts. ~~ f~X94
e~aint.s trOJD. 11itpht c:allf!U that we.r~; ~;o~y t,g pull up irmocd.iate:l.y gr~. the ecxt~p\lter. CF.NcotS o.dvUe4 that tht.rt
~l:C pl.C"nt)' 1110re. lrll't .if I r~®i-"ed. an.y 'tlll!lll. it would t:ake a :Eo:r:aaa.l let.t.e~ tram a Si."iJ'I~.i.so.r. T.he.!tt: ~1l.et:3
we:r~ tram. .as :CaJ: as OJU! ~J...:: a~o~ay. eal.led. trom an amh:~.s., o1\ Doqwood. ad. al:lotl't .,. 11\116 a.'lo·a.y.
sc..t:LC\g' that tbe.:r~ vcn "outc:IOO:t' stJeat.e:rs vitl'.t. fcul 1a~:.gc."1 • 1"1\e '"£vent. Chrca.al~·· is attaebed u ehl.s
~pa:r~. g~vin9 namea and locatio~s of complainants. as ~11 a& comment~.
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£LZ-o 90/90"d £68-1 mzmm w~s£:ao £0-ll-90
07 l/2003 09; 51 FA% 380 5548 POPD
Resolu•i.on No. 2036
IZJOS
I CERTil"r OR DECLARE. UND rENALTY OF PERJURY UNDtll THE LAWS 0 IE S'J"AU: OF WASIDNGTON
~T ~FOREGOING JS TR""' AM> CORREct tO THE BEST OF MY l<)IOWLt.uG~ IM'ORMATIOI'I AJIID IIELlEF.
(Sig>JQhn'c, Dille)
PORT ORCHARD, WA
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Resol,utior.. i;<.O, 2036
Temporary Use Permit
File No. 012-03
Location: 375 SW Sedgwick Road, Port Orchard Washington
Purpose: To allow for an outdoor amphitheater for the puipOse of holding outdoor
concerts, outdoor beer garden, camping, and parking, during scheduled concert events for a
30-day period. Further time extensions subject to further City Council review.
Approval is subject to the following conditions
Conditions:
l. The approval is for the operation of an outdoor entertainment amphitheater, to be
located at 375 SW Sedgwick Road.
2. Applicant shall provide restroom facilities per UBC requirements, or as otherwise
authorized by the Bremerton!Kitsap County Health District. Contact Tim Quayle,
BKHD, 337-5285.
3. Parking shall be maintained on-site, or as authorized by Kitsap County to be extended
onto adjoining Kitsap County jurisdictional land. Parking/traffic attendants shall be
provided at all times of operation. Applicant shall direct overflow parking to approved
public parking lots, and provide shuttles as needed.
4. Activity shall be maintained 200ft. from the banks of Blackjack Creek.
5. Lighting and noise shall be directed away from surrounding residential properties.
6. Adult Entertainment, i.e. "Wet T-shirt Contests", is not authorized at this location.
7. Applicant shall notify the Engineering Department 48 hours in advance of a scheduled
event.
8. All conditions of Application for Show, Dance, and/or public Amusement shall be met.
~ This Temporary Use Permit shall expire by June 27, 2003. Requests to extend this
permit approval will be subject to an amended application submitted to the City
Engineering Department, for City Council consideration. The City Council meets on
the 2"d and 4111 MondttY of the Month.