Minutes - 2011 - City Council - 06/21/2011 - Regular EAGLE CITY COUNCIL
Minutes
June 21, 2011
1. CALL TO ORDER: Mayor Reynolds calls the meeting to order at 6:35 p.m.
2. ROLL CALL: HUFFAKER, SHOUSHTARIAN, SEMANKO, GRASSER. All present. A
quorum is present.
3. PLEDGE OF ALLEGIANCE: Mayor Reynolds leads the Pledge of Allegiance.
4. PUBLIC HEARING:
A. CU-02-11 —Commercial Entertainment Facility (Outdoor) and Live
Entertainment Events (Concerts)- Land of Rock, LLC.: Land of Rock, LLC,
represented by Shawn Nickel with SLN Planning, is requesting conditional use permit
approval for a Commercial Entertainment Facility(outdoor) and Live Entertainment
Events (Concerts). The 24.6-acre site is located on East Riverside Drive approximately
1500 feet west of Edgewood Lane at 827 East Riverside Drive. (WEV) This item was
continued from the June 14, 2011 meeting.
A.1: DR-12-11 —Commercial Entertainment Facility(Outdoors)—Land of Rock,
LLC: Land of Rock, LLC, represented by Shawn Nickel, is requesting design review
approval of a commercial entertainment facility(outdoor). The 14.6-acre site is
located on the south side of East Riverside Drive approximately 1,500-feet west of
Edgewood Lane at 827 East Riverside Drive. (WEV) This item was continued from
the June 14, 2011 meeting.
Mayor opens the Public hearing for items A and A.1.
Shawn Nickel, 223 N. Eagle Road, Eagle, reviews the application and addresses
concerns about conditions that were recommended by the Planning&Zoning
Commission.
Creston Thornton, owner of Land of Rock, 757 W. Bankside Drive, Eagle, Idaho,
addresses the council. He reads letters into the record and submits more letters in favor
of the project for the record. Letters attached to minutes.
Discussion between applicant and Council.
Bryan Martin, 13445 W. Whittenburg, Boise, is in favor of the project.
Linda Turner, 1318 S. Willow Wood, Eagle, Idaho, the concerts are extremely noisy in
her backyard, she is able to hear every concert clearly. She also submitted a letter
previously which was on file.
Gretchen Gilbert, 148 N. Second Street, Ste. 101, Eagle Chamber of Commerce,this
project presents a new opportunity for this city and the Chamber is in support of this
project.
Walter Lindgren, 1 1 15 E. Pastoral Ct., Eagle, Idaho would like to go on record as
supporting this project, feels that this is an amazing project to bring to Eagle.
Vicki Lindgren, 1115 E. Pastoral Ct., Eagle, Idaho fully supports this project.
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Ben Helton, 2901 Crane Creek, Boise, owner of the landscape company that was hired to
landscape this site wants to offer full support of this project. He employees many people
who are used to maintain this site currently.
Mark Vucinich, 1483 S. Blue Jay Place, Eagle, gives his full support of this project, lives
in Island Woods. Mr. Vucinich has been in law enforcement for several years and has
provided security services for concerts at this venue in the past.
Mark Butler, 1640 W. Washam Road, Eagle, testifies in favor of this project,there are
many advantages this project brings to this community. Many teenagers were able to
work at this venue as part of the cleanup crew.
Joann Butler, 251 E. Front Street, represents Eagle River Development, they are not
opposed to application if conditions of approval are adhered to. They do not feel that
this should be approved for more than 1 year at a time, they feel that this project should
seek annual approval every year.
Ennis Dale, 485 E. Riverside Drive,with Eagle River development. No problem with
concert series last year, all initial concerns were addressed and were not a problem. No
parking or trash problems occurred.
Mary Defayette, 2400 E. Halsey, Eagle, Idaho feels that it is nice to have a venue to
invite people/friends to Eagle.
John McChesney, 390 E. Stonewater, Eagle, is in favor of this venue being used for this
project, positive for the city, financially and socially.
Robert Christensen, 252 E. Woodlander Drive, Eagle is not in favor of this project, paid
a premium for his property feels that this project affects his quality of life and should not
be allowed in this location.
Torn Kennedy, 752 E. Riverchase, Eagle feels that this will bring down property values,
feels that the Council should follow the recommendations that were made by the
Planning& Zoning Commission, maybe tighten up some things and feels that this should
be reviewed annually.
Doctor Tamara Simon, 951 E. Plaza, #170, Eagle, is here as the voice of reason.
Addresses the issue of quality of life, does not feel that noise(music) a few nights out of
the year qualifies as something that deteriorates quality of life. She also comments on
information she has gathered in regard to music harming wildlife (fish). Nothing in her
research indicates that music kills fish.
Sue Sanor, 348 E. Woodlander Ct., Eagle, is not in favor of this project, feels that this
negatively impacts the wildlife in this area.
Via Collins, 324 E. Woodlander Ct., Eagle, is not in favor of this project, feels that rock
band facilities next to her home will affect the value of her home.
Further discussion with Doctor Tamara Simon, 951 E. Plaza, #170, Eagle.
Corey Elitharp, 724 S. Lone Brook Way, Eagle is the closest house to the development
and is in favor of this project. Reads a letter signed by current or soon to be residents of
the Eagle River District who are all in favor of the project being approved.
Rory Ramsey, 1268 S. Watermark, Eagle, is not in favor,just moved here in March, was
not here last year during these concerts, but is concerned with noise level.
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Harry Gillis, 1670 S. Willow Lake Way, Eagle, Island Woods subdivision, feels that his
quality of life has been affected by this project in the past, feels that the Council should
stick to the recommendations of the Planning&Zoning Commission.
Melissa Knueven, 600 W. Willow Trace Drive, Eagle, is in favor of the project and
enjoys riding her bike to these events.
Tim Haener, 1390 S. Willow Wood Way, Eagle, Island Woods subdivision, agrees with
noise study that was done, does not feel any negative issues from this project exist.
There is noise, but not a big impact, he does have small children in the home. Feels that
venues like this would actually make his home more marketable and that the 3 year
approval should be given.
Kathy Venz, 1580 E. State Street in Eagle, owns a portrait studio and feels this is a great
venue and helps downtown businesses, restaurants,feels that a 3 year approval should be
given so they are able to book entertainment out.
Tom Dater, 698 E. Laguna Shore, Eagle, addresses noise issues and parking, is in favor
of this project, feels that Mr. Thornton has done a great job. This is a social family
event.
Linda Butler, 1640 W. Washam Road, Eagle, is in favor, has many customers that have
enjoyed previous shows and are looking forward to more coming to this venue. These
events bring people in from the surrounding areas. Speaks to the donation that was made
to the Eagle Arts Commission last year from this project.
Rick Gividen, 1584 S. Aspen River Way, Eagle, has a power point presentation,just
moved her last year, would have liked to be able to attend the Crosby Stills and Nash
concert last year, however does not feel that this venue is appropriate for this area. Feels
that noise impacts people many different ways, causing stress and other issues.
Rachel I-lurn, 233 Springhill, Eagle, owner of Seasons Bistro is in favor of the project,
has hired additional staff due to increase in business from catering the event last year,
her business has increased significantly since last years concert season. As a parent she
feels very fortunate to be able to take her children to some of these events basically in
her own back yard.
Will King, 2970 Shadow Wolf Drive, Eagle, is in favor of this application, no conclusive
evidence that the noise from these events are damaging.
Chuck Hum, 233 Spring Hill, Eagle, Seasons Bistro owner, is in favor, feels this project
is a great help to the community as a whole.
The applicant, Creston Thornton, addresses issues that have come up during public
testimony. Would like to remind council that 18,000 people live in Eagle and in
comparison only 8 people have been in front of you tonight asking for denial of this
application. Every concern that was mentioned last year in regard to parking, trash,
security, etc. have been addressed and have become nonissues.
Discussion between applicant and Council. Discussion on the applicant coming back
every year in November or December to review the project for the upcoming year with
the council. The applicant agrees to come to a Council meeting once a month and
discuss any issues or concerns that may come up throughout the concert series.
Discussion with City Attorney Buxton in regard to conditional use permits being
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amendable and if conditional use permits are transferrable, should a new owner take over
this property.
Public hearing is now closed.
Council discussion on 3 year conditional use permit, start and stop times of concerts,
acceptable noise levels, economic and social benefits to the community, finding a
balance between those in favor of the event and those not in favor.
Further discussion with the applicant and on the condition requiring paving of the
pathway. Discussion with City Attorney Buxton. Buxton recommends that the public
hearing be reopened so that the paving issue can be discussed and anyone wishing to
testify may do so.
Public hearing reopened.
Joann Butler, 251 E. Front Street, representing Eagle River Development, feels that the
paving should be done to make this venue harmonious with the community.
Further discussion with the applicant. The applicant has granted an easement across the
property on higher ground and has opened this up so that the public can access it,thus
providing connectivity, this is currently in place. Once this property is developed into a
permanent state this pathway can be paved at that time.
Rick Gividen, 1584 S. Aspen River Way, Eagle, urges the Council to go along with all
conditions recommended by the Planning&Zoning Commission, including the paving of
the pathway.
Jeff Wood, 140 E. Doberman, Meridian, Idaho, uses the pathway as is right now, is able
to jog there now and thinks it should be left as is.
Mark Butler, 1640 W. Washam, Eagle, would like to see the 6:00 pm start time granted,
does not understand what impact this would have on anyone. Also states that he and his
wife walk the pathway as is currently and feels to require the applicant to pave it at this
time is ludicrous.
Discussion with the applicant in regard to a 6:00 pm start time.
Ennis Dale, 485 E. Riverside Drive, with Eagle River Development, does not feel that a
6:00 pm start time would be a good fit for Eagle River development and would not allow
those who work in the development the ability to exit the development without battling
concert traffic and closing off of parking lots.
Public hearing closed.
Council discussion. Discussion on having the ability to amend the conditional use
permit each year if a 3 year approval is given. Further discussion on acceptable dB
levels for the concert series, number of allowed events, start and stop times, and pathway
paving and parking requirements. Also discussion on the new stage and the hope that it
will help direct some of the sound away from affected residential areas.
Semanko supports Eagle River Pavillion, states that it is a good cultural experience, an
economic boost and has personally attended some of the events and witnessed the
psychological and emotional boosts to folks that attended the venue. Appreciates the
concerns that have been brought forth this evening, feels that most of them are minimal
and have been mitigated. The benefits on the other hand are very significant. It is an
opportunity to relax and enjoy art and to celebrate and come together as a community,
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for those that choose to attend. He is an advocate for the monthly meetings between the
applicant and the council.
Shoushtarian feels that having a venue like this in Eagle has many benefits and in general
is a plus for our city. He feels that council should support the recommendations made by
the Planning& Zoning commission and that the city needs to stay in close contact with
the applicant to see what kind of response we are getting from the community.
Grasser thinks this is a positive contribution to the City and helps put Eagle on the map.
Feels that many people are truly affected by the sound coming from the venue and this is
something that council needs to take into consideration. Is concerned about the
disruption that this may cause in peoples lives that surround the venue. Wants council to
be cautious and find a way to put a not to exceed dB limit on the sound and continue to
monitor the numbers.
Huffaker appreciates all of the testimony given, feels that the quality of life issue is real
and should be taken into consideration. He feels that this is a great community event.
Personally walked the pathway during concert times last season and was surprised about
how low the sound he heard was. He asks about consideration of another possible
charitable donation to be made from the concert series. Would be in favor of the 3 year
approval as long as council has the ability to amend the conditional use permit each year
if needed, during an annual review. For now, 7:00 pm start time should remain as is.
Feels that requiring the applicant to pave the pathway at this time is an unfair
requirement, due to the temporary nature of this. Discusses number of concerts to be
approved, ok with 15 as requested, plus two non-concert events.
Semanko moves to approve CU-02-11 —Commercial Entertainment Facility
(Outdoor) and Live Entertainment Events (Concerts)- Land of Rock,LLC,with
the additional changes to the conditions.
First that instead of 1 year approval,that it be a 3 year approval,and that
associated with the 3 year approval that there be an annual review of the conditions
and the retainer by us to change the conditions upon discussion with the applicant
and interested members of Eagle,of the community,to be it looks like in condition
#5 there is a deadline for filing any requests for modifications of November 1s',so
sometime in November would seem to make some sense to do that because you
would be able to maybe package those together. So to be November or December of
this year and next year I guess too would be the second year going into the third
year. With regard to condition #10,I wouldn't change that. Condition#13,
limiting the amount of patrons,just as Councilman Huffaker said that we would
change that condition to recognize that there are a suitable number of parking
spots for the venue and recognizing that I think it already does the parking
agreement. #22,I agree that eliminating the paving requirement is appropriate for
a conditional use,with the full expectation that when this is permanently developed
into whatever this is going to be that that is going to be revisited as a condition.
#24, I don't have a problem with limiting to 15 concerts,I did hear the comment
about the Trey McIntyre Ballet and so I guess what I would offer out and I'm
willing to change if somebody comes up with something better but, that we limit to
15 concerts, plus the ballet, I don't think we should take the ballet away, it's not
really a concert. Discussion. Not to exceed 15 concerts and the 2 play/ballet non-
concert events that are clearly going to exceed 500,so that they don't fall in that
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other category. This all needs to be contingent upon the approval of the
annexation.
Seconded by Huffaker. Discussion. Conditional use permit must be amendable upon
review by the City Council in November or December. Lengthy discussion on
acceptable sound dB levels and monitoring of such levels. The applicant states that they
(Land of Rock) internally monitor the sound levels and try to keep them between 90—
110 dB during the concerts, a comfortable level for the concert goers, when sound goes
over this dB at the sound board they instruct the sound guy to turn it down. The
applicant agrees to bring dB reports to the council at the monthly meetings they attend.
Semanko amends the motion to add to#9,the applicant shall provide an updated
noise impact study and utilize appropriate internal dB level controls consistent with
the applicant's past practice under the county's TU permit(reference the specific
number of the TU permit). Second concurs.
Discussion.
TWO AYES: (Semanko,Huffaker),TWO NAYS: (SHOUSHTARIAN,
GRASSSER),MAYOR: AYE: MOTION CARRIES.
Semanko moves to approve DR-12-11 —Commercial Entertainment Facility
(Outdoors)—Land of Rock,LLC. Seconded by Huffaker.
TWO AYES: (Semanko,Huffaker),TWO NAYS: (SHOUSHTARIAN,
GRASSSER), MAYOR: AYE: MOTION CARRIES.
B. RZ-14-06 MOD—Modification to Development Agreement Associated With The
Loft at Eagle River Subdivision—Sea 2 Sea LLC: Sea 2 Sea, LLC, represented by
Shawn Nickel, is requesting modifications to the conditions of development to be placed
into a development agreement associated with the MU-DA(Mixed Use with a
development agreement)zoning classifications for The Lofts at Eagle River. The 24.6-
acre site is located on East Riverside Drive approximately 1500 feet west of Edgewood
Lane at 827 East Riverside Street. (WEV) This item was continued from the June 14,
2011 meeting.
Mayor opens public hearing.
Shawn Nickel, 223 N. Eagle Road, Eagle addresses the Council.
City Planner Williams addresses the Council.
Joanne Butler, 251 E. Front Street, Boise, Eagle River Development representative,
addresses the council and asks questions.
Public Hearing is closed.
Discussion.
Huffaker moves to approve RZ-14-06 MOD—Modification to Development Agreement
Associated With The Loft at Eagle River Subdivision—Sea 2 Sea LLC. Seconded by
Semanko. Discussion.
ALL AYES: MOTION CARRIES
9. ADJOURNMENT:
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Semanko moves to adjourn. Seconded by Shoushtarian. ALL AYES: MOTION
CARRIES...
Hearing no further business, the Council meeting adjourned at 11:25 p.m.
Respectfully submitted: ,,
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AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL
UPON REQUEST.
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EAGLE CITY COUNCIL
PUBLIC HEARING SIGN-UP
June 21, 2011
R%-14-06 MOD — Modification to Develonment Aereement Associated With The Loft at Eaele River Subdivision —
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June 21, 2011
To the City of Eagle,
As residents or soon to be residents of the River District we are excited and in full
support the Eagle River Pavilion. We believe this is an added amenity to the River
District as well as the city of Eagle.
We believe this will have a positive impact on our future commercial area and the
businesses currently around us. It is exciting to be able to enjoy an amenity like this
within walking distance of our homes.
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June 16, 2011
Eagle City Council
Eagle, ID 83616
Re: Land of Rock's LLC request for Conditional Use Permit
I am a resident of Island Woods Subdivision and I strongly oppose the Conditional Use Permit that is being
proposed by Land of Rocks, LLC for a three-year period.
My reasons are as follows:
1. Noise Pollution. The noise the concerts produce is unacceptable. I can hear this noise from my home
with my windows closed. This is disruptive to the peacefulness I now enjoy, especially if I want to be
outside and enjoy my yard.
2. Safety. 1 am a single mother with a teenage daughter. We both use the greenbelt for walking and
riding bikes. With all the proposed activity I will no longer feel it is safe to let my teenage daughter and
a friend ride their bikes on the greenbelt for fun or to ride to downtown Eagle for ice cream. As for
myself, I would no longer feel safe to walk on the greenbelt by myself.
3. Additional foot traffic on the path which leads to littering along the greenbelt and the Boise River.
4. Additional car traffic in the area.
5. Decrease in home value due to the above four reasons stated.
Wendra Zasio
395 E. Woodlander Court
Eagle, ID 83616
208-939-6061
Windows Live Hotmail Print Message Page 1 of 1
Re: Land of Rock, Conditional Use Permit
Betty Frazier (betty.frazier@gmail.com)
Tue 6/21/11 8:19 AM
secretaryiwhoa@aol.com
Sue Sanor (ssanor@msn.com); Ray Caldwell (rayala@aol.com)
I am on vacation and will not be able to attend tonight's meeting but hope that others in the
neighborhood will be there. I do not approve of the location. I kept an open -mind last year to see if it
would work and even admired the creative thinking to do something in these financial times. BUT after
experiencing a few concerts at my home, I think that is it an injustice for the adjacent neighborhoods.
The music is loud, distorted and makes it difficult to enjoy evenings at our residence. We are unable
to enjoy being outside or having the windows open.
The joy of living in Island Woods is compromised.
Betty Frazier
1223 S. Watermark Pl.
208-484-5052
On Mon, Jun 20, 2011 at 5:32 PM, < > wrote:
Dear Island Woods Residents,
On Tuesday night, June 21, 2011, a Public Hearing will be held at 6:30 PM at the Eagle
City Hall on the application of Land of Rock, LLC for a Conditional Use Permit to operate
a Commercial Entertainment Facility (outdoor) and Live Entertainment Events (concerts)
located on East Riverside Drive adjacent to Merrill Park. The proposed permit is for a
three year period from May 1 through October 31 of each year from 6:00 to 10:00 PM on
weekdays and 6:00 PM to 11:00 PM on weekends. Homeowners wishing to express
their opinions may do so at this, the final vote by the Council on this project.
Thank you,
'WHOA Secretary
June 19, 2011
Eagle City Council Members
We strongly oppose the Land of Rock's request for additional events.
Unfortunately it appears that the camel's nose is already too far under
the tent. We think that what must strongly be considered is the
question of who benefits from these performances aside from the
promoters, performers and attendees. The people who DO NOT
benefit are the hundreds of us citizens who live within earshot of
these events. One of us wears hearing aids when attending Boise
Philharmonic performances but found that last year even without
hearing aids the noises from the Land of Rock events could be heard
inside our home even with the windows closed. It would seem to us
that the time to put a stop to this noise pollution is NOW before it gets
totally out of hand.
/-14- A/ ,,, -_.____,
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Hal Wisner
Lois Wisner
1295 S. Watermark Ave.
Eagle, ID
Terry and Carmen Little
300 E. Woodlander Dr.
Eagle, ID 83616
June 14, 2011
To Whom It May Concern:
We moved to Island Woods a decade ago induced by the serenity. We've willingly adapted to
the yearly screams and chainsaw massacres at Halloween. We didn't join protests about the
couple of concerts requested by Land of Rock last year — frankly hoping they wouldn't be as
noisy as they ultimately were. Now continual megawatts into the night, multiple nights into the
fall?! Is there really no limit to some people's rudeness? Please nix this nonsense.
Terry Little
Homenwn
•
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June 16, 2010
Ada County Development Services
Attn: Diana Sanders, Planner II
200 West Front Street
Boise, ID 83702-7300
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
208-939-6813
TACEIVED
JUN 1 / 2010
ADA COUNTY
DEVELOPMENT SERVICES
Council Members
John Grasser
Michael Huffaker
Norm Semanko
Al Shoushtarian
SUBJECT: 201000242-A SNL Planning — Appeal of 201000242 -TP Shannon Cook — Temporary Permit
— Eagle Music Event Series
Dear Ms. Sanders,
On June 15, 2010, the Eagle City Council voted 4 to 0 to recommend that the Ada County Board of
County Commissioners approve the above mentioned appeal and allow the concert series (with the
remaining eleven (11) concerts) to continue through October 31, 2010, as originally proposed by the
app! icant.
With the Council's full support, Councilman Semanko will be present at your June 16, 2010, meeting to
offer oral testimony on this matter.
If you have any questions, I can be reached at 939-0227.
Sincerely,
fl4;744*/
Michael Huffaker
Council President/Acting Mayor
cc: Eagle City Council
File
Page 1 of 1
K:\Planning DeptMAda County Applications\APPEAlS12010\201000242-A IeI -doc
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June 21, 2011
Dear Eagle City Council,
This letter is to show our SUPPORT for the Eagle River Pavilion. As long standing
citizens of this great community there is only upside to having events at that
pavilion. Not only does it have a great effect on the economy here in our small
community, but it also is attracting a positive Tight on the community. Those
opposed are only looking at this in a small scope of the impact. In these difficult
financial times these events not only bring financial means to the community,
they also bring a great attitude with them. As event goers ourselves what a great
way to have fun a small price tag with lasting memories. We have attended many
of the events and walk away smiling each time. Our group of friends spends much
needed dollars right here in our local establishments both before and after the
events. We would much rather keep the economic impact right here in our
community than have to travel outside and let the other surrounding
communities have those dollars.
In short we feel that as concerned citizens of this great community these events
only enhance our way of life here in Eagle and would like to see them continue.
Sincere two Ing standing Eagle citizens.
1
KurX Holtan
A Bela Holtai
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June 21, 2011
Eagle City Council
Eagle, ID
Rick Wirick
Crew Chief
F.I.L.O. Crew Services
Dear Council Members,
In 2010 our local crew provided all the labor needed for Eagle River Pavilion Concerts
including stage building, and labor for all sound, lights and production needs. Having
worked in the concert business for over 15 years, Eagle River Pavilion has handled all
their shows professionally and smoothly. We are scheduled to provide the labor needed
for the 2011 series, employing many people throughout the Summer.
Without the shows at Eagle River Pavilion, which accounts for 70% of our business, our
employees would be with minimal work.
We are highly supportive of the approval, and would encourage a multi year approval, for
the events at Eagle River Pavilion.
S' rely,
Rick 'rick
Crew Chief
F.I.L.O. Crew Services
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Page 1 of 2
Creston Thornton
From: Michael Hummel [michael a@idahorealestateforyou.com]
Sent: Tuesday, June 21, 2011 4:53 PM
To: Creston Thornton
Subject: Letter in Support of Eagle River Pavilion Concert Series
Dear Creston -
My apologies I will not be able to attend this evening's Eagle City Council Meeting
regarding
the application for this years Eagle River Pavilion Concert Series. I think you've put
together an
outstanding eclectic line-up with something for just about everyone young and old!
Over the 13 years my spouse Suzi Boyle and I've lived on the River, the first lot
upstream of the North Channel
Bridge; we've observed a number of interesting observation listening to all the different
types of noise: traffic,
music and other miscellaneous sounds across the river and how those noise factor's
have dramatically changed
since moved to Island Woods in July of 1998.
In 1998 there was absolutely no commercial or single family residential development of
any sort along the
North Side of the North Channel of the Boise River east or west of the Eagle Road
North Channel Bridge.
In 1996 or '97 Eagle Road (Hwy 55) and State (Hwy 44) were just rebuilt from 2 lane
country roads to the express
ways they are today. In winter we could see the traffic light at the intersection of
Highway's 44 and 55.
In wintertime, prior to construction of the Hilton Garden Inn and Bardenay, we saw and
heard a lot more traffic
noise than we preferred but over time more or less tuned it out as white noise. Having
two sets of outdoor
speakers on our patio, plus a water feature, helped temper both traffic noise and vehicle
headlights, especially
when we spent time enjoying our yard from our patio.
Last summer, during a few of your concerts, we could barely hear the muffled sounds of
music from your venue approx.
1/2 mile upstream from our patio. However, not a note from your venue could be
heard outside or in, whenever the Bardenay
playing live music on their outdoor patio. In fact the only time we recall hearing anything
from your venue distinctly was
applause from the audience if it occurred during the same time the Bardenay live music
was on break.
Since the Bardenay was built, we've been able to tell how good a night
the Bardenay (directly across the river from our home)
6/21/2011
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Page 2 of 2
is having every night of the week, year round before and after 10 pm; by how many times they
dump empty glass
bottles into the dumpster. The sound is distinctive and clear both inside and out. You can
almost run your watch by it.
Most often, we enjoy the summertime Bardenay outdoor live music. If the music happens not
to appeal to our taste, we
just turn up the volume on our outdoor patio speakers and play what we feel like listening to at
the moment.
I hope the Mayor and Council realize the Eagle River Pavilion has been a good neighbor
and good for other Eagle business.
From what I can determine, last year The Land of Rock complied to the letter with every
condition set by the Ada County
Planning/Zoning and County Commissioners.
Please let this letter serve as a hearty recommendation to the Eagle City Council
approve this summer's concert. series.
My bride and I look forward to attending as many as we possibly can.
Sincerely,
Michael F "Fritz" Hummel
132 E Woodlander Dr
Eagle, ID 83616
861-0612
6/21/2011
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PSJ officials reopen boat ramp amidst fish kill I fish, ramp, officials - News - The News Herald 6/15/11 7'49 PM
44,
NEllSHERAI.D.0
Home> News
Search:
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Dead fish cleaned up; festival
will go on
Comments 3
August 06. 2010 01:50'00 PM
KATHERINE CONCEPCION I_News Herald Wnter
Florida Freedom Newspapers
PORT ST. JOE — In a Friday morning meeting, city officials
voted 4-1 to reopen the Frank Pate Park boat ramp, which
was closed Thursday aftemoon after the fish kill was detected
in St. Joseph's Bay. The finding comes just before the city's
14th annual Florida Scallop & Music Festival gets underway.
"We certainly hope the fish kill will not affect our plans," City
Manager Charlie Weston said "We have a great agenda put
together and we want people to come down."
Testing is underway to determine the specific cause of the
incident.
"We don't have our sample results back yet, we're expecting
them back as early as tomorrow," Port St. Joe Public Works
Director John Grantland said Fnday. "All signs point to a lack
of oxygen in the water being the cause."
Summer fish kills, while a nuisance, are not uncommon.
According to a news release by the Florida Fish and Wildlife
Conservation Commission (FWC), "Fish kills are commonly
caused by weather-related factors. Sudden temperature
fluctuations or extreme temperatures can result in fish kills any
time of the year. Hot weather during the summer months can
cause fish kills because warm water holds less oxygen than
cold water."
The U S Coast Guard and FWC responded after the report of
an oil sheen sighting They investigated whether the fish kill
was related to the Deepwater Horizon oil spill.
The agencies reported no connection and the sheen was
shown to be sargassum weed, a dark algae with a sticky
texture found 6 miles offshore.
"To date, we have not seen any sheens related to the
Deepwater Horizon spill. These instances are bad timing for
sure," said Bryan Lowe with the Florida Department of
Emergency Management
The majonty of the small fish found had washed ashore at a
Port St. Joe beach. A cleaning crew, consisting partially of
inmates, was sweeping up the fish in preparation for the
enlarge
TERRY BARNER 1 The News Herald
Vendors begin setting up tents for the Fronda
Scallop & Music Festival near tie Pori St Joe
Marina in Port St Joe Friday afternoon
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PSJ officials reopen boat ramp amidst fish kill I fish, ramp, officials - News - The News Herald 6/15/11 7:49 PM
festival. "We're trying to cut down on the odor," Grantland said.
The festival, which features live music, recreationally harvested
scallops, an antique car and boat show, a kid's fun zone and
more, will be held in downtown Port St. Joe from Friday
through Sunday.
"The bay is open," said Weston. "We're encouraging people to
take part in the festivities and the bay."
For more information, visit www.floridascalloofestival.com.
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PORT ST. JOE - City officials voted this morning to reopen the Frank Pate Park boat ramp, after dosing it
Thursday afternoon following an unexplained fish kill in St. Joseph's Bay.
Officials called the emergency meeting at the park to address concerns about rumors of large oil sheens
sighted off St Joseph's Bay, and whether there was any correlation with a fish kill in the same vicinity.
Port St. Joe city officials closed the boat ramp at Frank Pate Park for public use Thursday morning after dead
fish and crabs began washing up along the shoreline by the hundreds. In addition, anonymous reports
started coming in of a brown sludgy material sighted six miles offshore.
The Coast Guard, along with representatives from the Florida Fish and Wildlife Conservation Commission
(FWC), Vessels of Opportunity program and Gulf County, were dispatched to the location of the sheen
sighting and each reported no evidence to support a connection with the Deepwater Horizon oil spill.
Each department independently reported that the material was Targe amounts of sargassum weed, a type of
algae, usually brown or dark green, which may have a rough sticky texture.
"To date, we have not seen any sheens related to the Deepwater Horizon spill," said Bryan Lowe, with the
Florida Department of Emergency Management. "These instances are bad timing for sure."
According to Lowe, preliminary results are showing the fish kill may be due to low oxygen levels in the water,
although results are not conclusive as to the cause.
The Florida Department of Environmental Protection, the county health department, FWC and BP
representatives have each taken water and fish samples and should have results back as early as Saturday.
It may take as long as Monday before results are conclusive as to why the fish are washing up along the
shoreline.
Officials believe that initial signs are not pointing to red tide as the cause of the fish kill. They say it may be a
combination of low oxygen levels in the water along with an unusual rise in water temperature levels. "It
could be the perfect storm," said Mel Magidson, mayor of Port St. Joe.
Several residents who said they had long fished the water questioned whether the fish kill may be related to
dispersants in the water. Magidson insisted that there have been no dispersants used around the bay.
Officials said the upcoming fish and water testing may be unable to determine if dispersants were related to
the fish kill.
With opposition from the mayor, city commissioners voted to immediately reopen the boat ramp to the public
4-1.
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Page 2 of 4
1
S
INDUSTRIAL SAFETY
CONSULTING SERVICE
r' D6'LOWATC _
BOAR;CLRTiFI FORF NSIC F7:AMMER
ti
;,mmtcAN COLLCOC OF i ORENS:C C AMNERS I'
,
,
L EARNES1 F. HARPER a
C(1' e/ 8813 41,scji
%*)1 R O F
nGtatuVuU & FILED
CITY OF EAGLE
JUN 2 1 2011
ACCIDENT RECONSTRUCT DN * ERGONOMICS
-Ile:
EXPERT WITNESS * INDUS' b. &1Ft I r
PRODUCT SAFETY/REGULATIONS * F1R'OL;tbS rt,4 W—
SAFETY AUDITS * NOISE ASSESSMENTS
OSHA COMPLIANCE ' FIRE AND BUILDING CODES
SELECTED
ACOUSTICAL
BASICS
12 October 2004
HOW TRAFFIC VOLUME AFFECTS NOISE
4ellgaiiO4 418114.1
•r•) to 0 O O
2000 VEHICLES PER HOUR SOUNDS TWICE AS LOUD AS....
200 VEHICLES PER HOUR
HOW SPEED AFFECTS TRAFFIC NOISE
A
TRAFFIC ST 65 MILES PER HOUR SOUNDSTW15104ICEE AS LOU AS...
451104*
TRAFFIC AT 30 MILES PER HOUR
HOW TRUCKS AFFECT TRAFFIC NOISE
1 TRUCK AT 55 MILES PER HOUR SOUNDS TWICE AS LOUD AS...
m 46164P1 400415
41,11b5 40660 41$11E0.
4040
4061b5 4860P deMilibi
28 CARS AT 55 MILES PER HOUR
EARNEST F. HARPER. CSP. DABFE. DACFET, CFC
Board Certified Safety Professional
Diplomate; American Board of Forensic Examiners
Diplomate; American Board of Forensic Engineering and Technology
Certified Forensic Consultant
Fellow; American Society of Safety Engineers
Fellow of the College; American College of Forensic Engineering
1
SELECTED ACOUSTICAL BASICS
1. Open area sound levels from a "point source" of noise (e.g. Rock Crusher) will
diminish approximately 6 dBA for every doubling of distance in the absence of
sound -reducing features, natural or man-made. Once sound pressure levels
fall below a given value at a given distance, it can only increase if a new noise
source is introduced and adds to the original sound level. Note that "fall-off" rates
in very different environments, such as, a downtown Chicago Street with tall buildings will have
much smaller fall-off rates (2 to 4 dBA). However, in most situations, natural fall-off varies
approximately as described here and in the next paragraph.
2. Open area sound levels from a "line source" of noise (e.g. a line of traffic) will
diminish approximately 3 dBA for every doubling of distance unless acted
upon by sound reduction features as stated above.
3. The acoustical scale is logarithmic so a change from 40 - to - 50 dBA
represents an increase in sound intensity of 10 times the previous value (40
dBA).
4. An increase of 10 dBA will appear twice as loud to the listener.
5. Most observers can detect a change as low as 3 dBA. A change of 5 dBA is
easily noticed.
6. Noise adds: Two equally spaced sound sources of 70 dBA each will combine
to produce a sound pressure level equal to 73 dBA.
7. Noise propagation when downwind or during a temperature inversion (warmer
temperatures over cooler temperatures) tends to be refracted downward,
fwc:ure (a. d). When propagated upwind or during temperature lapse where it's
cooler above than below, noise refraction tends to be upward as in figure (bt
RI,
SOURCE ��--------,�
�x=._ --
(a)
SHADOW ZONE
SOURC__ _
E I���' r��r'
— il"\
4
(b)
2
WIND
a
WIND
COOLER
(c)
WARMER
131:1
COOLER
(d)
8. Relative Sound Levels (dBA):
a. 130-140 - Pain threshold, 50 HP Siren at 50'
b. 120-130 - Jet take off at 300'
c. 90-98 - Rock Crusher at 25', Jackhammer at 49'
d. 80-90 - Heavy truck at 50' and 45 mph.
e. 70-80 - Freight train at 100', Heavy truck at 50' and 30mph
f. 60-70 - Speech at 2', Urban traffic, vacuum at 10'
g. 50-60 - Busy, large office, heavy rainfall
h. 40-50 - Quiet residential area, average person can't sleep.
i. 30-40 - Soft whisper at 5', urban from 2-4 AM lows.
j. 20-30 - Rustling leaves, North rim of the Grand Canyon.
k. 10-20 - Normal breathing
1. 0-10 - Threshold of hearing for youths (1000 - 4000 HZ)
9. To calculate Fall -Off from a point source of noise, first calculate the
source (LW) after establishing a known value at distance (r). Once LW is
calculated, use formula "b" to estimate noise levels (LP) at any distance
(r). (Caution, to calculate the initial LW, distance r must not be too close to the sound
source.)
a. LW = LP + 20Log(r) + 0.5 (Note: If distance is in meters, substitute 10.82 dBA for 0.5
dBA.)
b. LP = LW - [20Log(r)] + 0.5 (Note: Take the Log of distance r, "then" multiply by 20.)
11. Atmospheric absorption need not be considered for relatively small sound
sources until the distance exceeds 300-500 feet. For large noise sources
that distance may approach 1000 feet or more.
For example, at 86°F and 50 % RH, a frequency of 500 HZ would be attenuated (reduced)
by only 0.33 dBA at 328 feet (100 meters), or by 3.3 dBA at 3,280 feet (1,000 meters). As
temperatures decrease and/or humidity increases, atmospheric absorption will decrease
meaning that it has a lesser effect on reducing noise at a given distance.
3
12. Allowable Weekly Sound Exposure To Be Safe
130
120
j's Risky
OLD for
DRUMLINE CHAIN SAW any
LOUD BAR REHEARSAL \ "•; ""`"'"t" ; " ""�
WITH BAND
l
co MAJOR CHICAGO
v n0 SPORTING BLUES BAR
.J EVENT \ 3
a PARTY \
• 100 WITH BAND
so
40 10 5 3
Bo
HOURS
38 19 9 5 2 1
I 1
lS 1 o 1 2 '
MINUTES SECONDS
13. Recommended Maximum Weekly Exposure (NIOSH, 1998)
Sound level Exposure type No protection Using
(dB) ER•20s
60 Conversation SAFE -
80-85 Noisy restaurant 40 HRS. SAFE
Vacuum cleaner
Average factory
88 Circular saw 20 HRS. SAFE
Loud party
94 Subway 5 HRS. SAFE
Riding mower
Motorcycles (< CA
code)
97 Live band 2.5 HRS. 40 HRS.
Motorcycles (Typ.)
100 Sporting event 1.25 HRS. 20 HRS.
Chain saw
Snowmobile
112 Blues bar/Rock concert 5 MINS.
115 Ambulance siren 2.5 MINS.
140 Jet engine INSTANT
Gun shot LOSS
Firecracker
4
1.25 HRS.
36 MINS.
Above 125 dB you are at risk for any period without maximum
protection
Allowable Daily Exposure (OSHA and NIOSH)
1 1 11051110 1 1
source level in dB 851881901921941 95 97 100 115 120
OSHA 161 18161 141312 1 1 11/2 1 1/4 1/81
NIOSH 8 1 4 1 1 13/411/21 1/4 1 1 1
OSHA and NIOSH values listed above are given in daily exposure limits.
According to the OSHA standard, a person can be exposed to a 95 dB
environment for 4 hours before risking hearing damage. With 10 dB of
protection that person can be exposed to 95 dB for 16 hours per day. NIOSH
values are more conservative.
For maximum protection, foam earplugs, muffs or other hearing protection devices
are recommended.
5
SOUND SOURCES
0 10
AUDIBLE THRESHOLD 1KHZ
FELT AS COMPLETE QUIET
NORMAL BREATHING
RUSTLING LEAVES/STREAM
WHISPER AT 5 FEET
TICKING (G.FATHER) CLOCK
RURAL AREA TYPICAL LOWS
AWAKENINGS > 2 % POP.
URBAN FROM 2-4 AM LOWS
QUIET OFFICE/LIBRARY
AVE. PERSON CAN'T SLEEP
DNL TO PROTECT SLEEP
QUIET RESIDENTIAL AREA
RAINFALL
NORMAL CONVERSATION
WASHING MACHINE (HOME)
BIRD CALLS
VACUUM AT 10'
AUTO 30 MPH/50'
DENSE URBAN TRAFFIC
DOWNTOWN LARGE CITY
BUSY/LARGE OFFICE
AUTO 45 MPH AT 50'
POWER LAWN MOWER
MED. TRUCK 30 MPH & 50'
MED. TRUCK 45 MPH & 50'
AUTO 55-65 MPH & 50'
HEAVY TRUCK 30 MPH & 50'
HEAVY TRUCK 45 MPH & 50'
HEAVY TRUCK 55-65 & 50'
ALARM CLOCK/HAIR DRYER
MOTORCYCLE 25'
JACKHAMMER
PLANE RUNWAY - TAKEOFF
OSHA'S 8 - HR LIMIT
OSHA'S 30 MIN LIMIT
1
20 30
40 50 60 70
RECEIVED & FILE
CITY OF EAGLE
JUN 2 1 2011
Filo:
80 9d Rb09 to L-TZ(T_1 t4
MIN
PAIN
10 20 30 40 50 60 70 80 90 100 110 120 130 140 I
DECIBELS (dBA)
I+ 3 dBA = noticed by average person I + 10 dBA = appears twice as loud I + 20 dBA = appears 4X louder
1
PERCEPTIONOF 1
NOISE
LOUDNESS
RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
1
2
8
4
DECIBEL LEVEL
+ 3 dbA
+ 6 dbA
+ 10 dbA
+ 20 dpA
20 % LOUDER
50 % LOUDER
200 % LOUDER
400 % LOUDER
AN INCREASE OF 3 dbA IS NOTICEABLE TO THE AVERAGE
PERSON
AN INCREASE OF 5 OR 6 dbA IS CLEARLY DETECTED
AN INCREASE OF 10 dbA WOULD BE PERCEIVE AS A
DOUBLING OF LOUDNESS
VERY SHORT DURATION SOUNDS ( LESS THAN 1 SECOND )
WILL APPEAR LESS LOUD
Ir—cl UNTIL LES/ELS REACH 55 dbA , TRAFFIC DOMINATES THE
1 AUDIBLE BACKGROUND
SPEECH INTERFERENCE LEVEL (SIL)
Definition: A measure of the degree to which background noise Interferes with
j
Fire:
HC EIVED & FILE.
OF EAGLE
JUN 2 1 2011
It is obtained by averaging the SOUND PRESSURE LEVELs in the octave frequency bands
centered on 500, 1000, 2000 and 4000 Hz, or by taking the A -weighted SOUND LEVEL (see
SOUND LEVEL METER).
The spectrum of speech sound, however, is distributed over a wide range of 100 to 10,000 Hz,
with the range from 200 to 6000 Hz being critical for full intelligibility. HEARING LOSS with age
(PRESBYCUSIS) or noise -exposure (see THRESHOLD SHIFT) can also interfere with speech
communication.
See also: REVERBERATION, SPEECH COMMUNICATION CRITERION, TRANSIENT.
Compare: NOISE CRITERION, NOISE RATING, SOUND TRANSMISSION CLASS.
However, in the situation with face-to-face conversation of non -familiar speech material, the
following chart shows the speech interference level of background noise for men with average
voice strengths. At levels above 50 dBA, people raise their voice level as shown by the
"expected" line if communication is not vital or by the "communicating" line if it is. In the lower left
hand area, normal voice levels are possible with an ARTICULATION INDEX of 0.5 and 98%
sentence intelligibility; the area of the upper right hand corner denotes situations where unaided
voice communication is impossible.
For telephone conversations, the following ranges apply: 60 dB or less as satisfactory, 60-75 dB
as making telephone use difficult, and over 75 dB as unsatisfactory.
DISTiNCEIN FEET
EXECUTIVE
STENOS
DR A FTPJG
SHIPS'
CCI1 PA RP! ENTS
TELEPHONE SATIS•
CChJVERSAnCf•JS FACTORY
fox E RATE LY 11ERY
. NOISY •
NOISY • NOISY
hAGOE RATEL'S'
• NOISY • NOISY •
QUIET
•
INTOLERABLY
LAOIS
VERY INTCLEP.ARLY
NOISY NOISY
QUIET • rV1 o E RATE LY NOISY
16 _
L• _
4 -
- DI STANC E-NOI SE AREA
\')HERE FACE-TO-FACE
2- COMMUNICATION IN
- NORMAL VOICE I S
ADEQUATE
LJ GHTL•Y
D IFFC IJ LT
\ •
SI L(4)
0
C -A
1 -
1 LI
10
40
• 0IFFCULT • UNSATl FACTORY
($5l
1'(
70
DI STANCE-N0I SE AREA
WHERE UNAIDED
FACE-TO-FACE
COMMUNICATIONS`
ARE INADEQUATE
DIFFELILT
,ERY
NCIISY
16
5,// /.�f .1/ 1 /
LA 60 70 80 90 100
—weighted level in dB
Necessary voice levels as limited by ambient noise for selected distances between speaker and
listener for satisfactory face-to-face communication (from J.C. Webster, "Speech Interference by
Noise," Proceedings, Inter -Noise 74, Institute of Noise Control Engineering, p. 558, used by
permission of the author).
40 50
DISTANCE IN METERS
Earnest F. Harper, CSP, DABFE, DABFET, CFC
r
INTER
OFFICE
City of Eagle
Zoning Administration
To: Mayor Reynolds and City Council Members
From: Michael Williams, PCED, CFM, Planner II
Subject: CU -02-11 — Commercial Entertainment Facile y (outdoor) and Live Entertainment
Events (concerts, weddings, receptions, and corporate events) — Land of Rock, LLC,
represented by Shawn Nickel
Date: June 21, 2011
Attachment(s): Correspondence received from Daren Fluke, AICP, date stamped by the City on
June 20, 2011
Correspondence received from Josh Grant with the Idaho Athletic Club, date
stamped by the City on June 20, 2011
Email correspondence to Kristine Simoni from Dana Drake and forwarded to the
City by Shawn Nickel, date stamped by the City on June 20, 2011
Correspondence received from Justin Anderson, date stamped by the City on June
21, 2011
Email correspondence to Creston Thorton from Linette Mooring and submitted to
the City by Shawn Nickel, date stamped by the City on June 21, 2011
Email correspondence to Creston Thorton from Sandy Smith with North Channel
Chevron and submitted to the City by Shawn Nickel, date stamped by the City on
June 21, 2011
Email correspondence received from Sandy Smith with North Channel Chevron,
date stamped by the City on June 21, 2011
Correspondence received from Frank Correia and Family, date stamped by the City
on June 21, 2011
Email correspondence from Earnest Harper to John Grasser, date stamped by the
City on June 21, 2011
Selected Acoustical Basics, provided by Earnest F. Harper, SCP, DABFE,
DACFET, CFC, date stamped by the City on June 21, 2011
Exhibit showing sound sources and related decibels (dBA), provided by Earnest F.
Harper, SCP, DABFE, DACFET, CFC, date stamped by the City on June 21, 2011
Perception of noise exhibit provided by Earnest F. Harper, SCP, DABFE,
DACFET, CFC, date stamped by the City on June 21, 2011
Speech Interference Level (SIL), provided by Earnest F. Harper, SCP, DABFE,
DACFET, CFC, date stamped by the City on June 21, 2011
Email correspondence from Betty Frazier to the secretary of island woods home
owners association, submitted by Jim Keith, Vice President, Island Woods
Page 1 of 2
K:Wlanning Depi Eagle Applicaiions1CU1201 I1CU-02.11 me4 Land of Rock (Lofls).doc
Homeowner's Association, Board of Directors, date stamped by the City on June
21, 2011
Email correspondence received from Todd Combs, date stamped by the City on
June 21, 2011
Correspondence received from Al Russell, Jr., date stamped by the City on June 21,
2011
Email correspondence received from Pasquale and Cheryl Mancini, date stamped by
the City on June 21, 2011
Correspondence received from Hugh J. Keith, date stamped by the City on June 21,
2011
Correspondence to the Ada County Commissioners from Davey Hamilton dated
May 16, 2010 and date stamped by the City on June 21, 2011
Copy To: Shawn Nickel, 1589 Estancia Place, Eagle, ID 83616
Page 2 of 2
K:\Planning Ihpt\Eagle ApplicationslCU\2O1 I\CU-02.11 mc4 Land of Rock (Lotts).doc
RECEIVED & FILED
CITY OF EAGLE
JUN 2 0 2011
File:
Route to•
June 20, 2011
Mayor and City Council
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Dear Mayor and Council,
I'm writing in support of Land of Rock's conditional use permit application for the Eagle River Pavilion
Event Center at 827 E. Riverside Drive. Although I am not a resident of the City of Eagle, I am a lover of
live music and an urban planner with over twenty years of experience working in Idaho, Oregon,
Washington, and Utah.
I had the opportunity to attend four events at the facility last year and was impressed each time with
the professionalism of the staff and the overall event experience. I have attended dozens of live events
at numerous locations over the years and can assure that this facility compares favorably with similarly
sized venues across our region. The shows were prompt — starting and ending on time, and I never
witnessed issues with disorderly patrons nor overbearing security staff.
As a professional planner I can attest to the value of such facilities to communities such as Eagle. in
addition to supporting your local businesses, this type of land use adds a certain vitality and energy to
the city that is intangible in monetary terms, but nevertheless easy to recognize. It brings in people and
money that would not otherwise be visiting Eagle and it also gives your citizens an option for walking or
biking to cultural events in a gorgeous riverside setting. Frankly, because of its proximity to your city
center and its' services and citizens, this facility puts the City of Eagle on the live event map in a way that
no other facility in the area does.
In sum, this is an incredibly valuable opportunity for the City of Eagle and I hope you can see your way
clear to approving this application. I already have tickets to one event and anticipate attending at least
two others. See you at the show!
Sincerely,
Daren Fluke, AICP
1506 N. 12'x' Street, Boise, Idaho 83702
Alwo
Corporate Office
950 E Riverside Dr
884-4635
State Street
2999 N Lakeharbor
853-4224
Black Eagle
1435 S Maple Grove
376-6558
Meridian
1450 Fairview Ave
888-0060
Caldwell
4623 Enterprise Way
459-0729
Silver Stone
2340 S Eagle St
884-5251
Eagle
875 E Plaza Dr
938-8410
Nampa
5251 E Exchange Way
442-6378
Vio t 71/0m a n
Meridian
1710 W Cherry Lane
888-9192
June 20, 2011
Mayor and City Council
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Dear Mayor and Council.
RECEIVED & FILED
CITY OF EAGLE
JUN 2 0 2011
File:
Route to7
Please accept the following response from Idaho Athletic Club in regards to the
proposed Conditional Use Permit for the Eagle River Pavilion Concert Venue and
Reception Hall that is proposed immediately south of our Corporate Headquarters
on Riverside Drive in Eagle. For the record, we are in complete support of the
proposal and would recommend approval of all requested events. We have
entered into verbal agreement with Land of Rock, LLC, to provide them use of our
59 additional parking spaces during non -business hours in the evenings and on
weekends. Last year's events appeared to be successful to the event organizers as
well as for the City of Eagle, and we see no reason why approval of three
additional years would be any different.
Thank you for allowing us the opportunity to provide our input. Please do not
hesitate to contact us with any questions.
Sincerely,
Josh Grant
Idaho Athletic Club
Mike Williams
From: Shawn Nickel [shawn@landconsultants.net]
Sent: Monday, June 20, 2011 10:27 AM
To: Mike Williams
Subject: FW: I support Eagle River Pavilion
Forwarding to you for the record.
From: Dana Drake [mailto:ddrake@journalbroadcastgroup.com]
Sent: Thursday, June 16, 2011 7:36 AM
To: Kristine Simon'
Subject: I support Eagle River Pavilion
Page 1 of 1
RECEIVED & FILED
_ CITY OF EAGLE
JUN 2 0 2011
File:
Route to:
I support Eagle River Pavilion!!
This is a great opportunity to grow within our community, stimulate the economy and provide the city of
Eagle a wonderful venue for all ages.
Dana/0 rake/
Se 'i or Account t M
208-381-8318
d d ra kee journalbrovvica4tgroup. caves
The information contained in this communication may be confidential or legally
6/20/2011
To: Eagle City Council,
RE: Eagle River Pavillion,
Dear City Council,
RECEIVED & FILED
ii CITY OF EAGLE
JUN 2 1 2011
File:
Route to.
My wife and I are long time residents of Eagle and love the town and it's
amenities. We believe the Eagle River pavilion is a great asset to the
community and have attended many concerts last year and are looking
forward to attending a few this year. Eagle River Pavillion brings lots of
people to the city of eagle Boosting the economy for restaurant owners
and small business. We strongly support the Eagle River Pavillion and
the venues it brings to our community.
Vote: Approved
Thank you
Justin Andersen
June/20/2011
Shawn Nickel
From: Creston Thornton [creston@fhkllc.com)
Sent: Monday, June 20, 2011 6:44 PM
To: Shawn Nickel
Subject: FW: Linette Mooring- Another one to get to MIKE asap!
From: lntoorim261 aol.com
Date: Fri, 17 Jun 2011 21:27:31 -0400 (EDT)
To: <1:1-i.,tinc a kindiulrucl:.con>>
Subject: Linette Mooring
Eagle City Council
Eagle Idaho
Attention: Council Members
i
RECEIVED & FILED
CITY OF EAGLE
File:
Route to
Eagle River Pavilion is a great benefit to the city of Eagle and surrounding areas. The location
for me and my friends gives us many opportunities to enjoy evening outdoor entertainment
with a lovely, casual environment.
Attendees for these concerts fill hotel rooms and will provide restaurants with additional
clients. Local businesses also benefit. Personally, for me, to book my guests in nearby
hotels and provide them with excellent food choices has been great. The Pavilion will mean
more hiring of employees...something very important for our region. I have learned that they
hire over 100 people per show. Local media becomes involved promoting shows putting
thousands of dollars into their businesses.
I would estimate that a fair amount of dollars in sales tax from their ticket and concession
sales will go to the State of Idaho. My own estimate is that Music Fans could spend over
$250,000 for the city. That is a real plus in today's economy and puts a star on the town
of Eagle.
Kind Regards
Linette Mooring
JUN 2 1 2011
Shawn Nickel
From: Creston Thornton [creston@fhkllc.com]
Sent: Monday, June 20, 2011 6:47 PM
To: Shawn Nickel
Subject: FVV: your eagle permit- Another one for MIKE!
From: NC Chevron <nccstores a 2mai1.coni>
Date: Mon, 20 Jun 2011 17:06:37 -0600
To: Kristine Simoni<kristine'ciiandofrock.rom>
Subject: your eagle permit?
Eagle City Council,
i
RECEIVED & FILED
CITY OF EAf;t E
JUN 2 1 2011
I File:
Route to:
I understand that the Landorock business permit is under review and has not been accepted for renewal for this
year, due to not being annexed by the the City of Eagle and flood plain and my questions is Why? What has
changed from last year to this year? The flood plan regulations has not changed and this property being annexed
is between the
City of Eagle and Ada County and has nothing to do with Landorock conducting business again this year.
I think they are running a clean well maintained venue with a variety of music for all types of music. Bringing
family fun activity to Eagle m a area surrounded by compation for this type of entertainment and a community
starving for activity's and stay close to home.
I think the council needs to compare Apples to Apples and this business has the same obstacles as any
business and no different than the Eagle Nutfeed, Fundays, Farmers Market, and of the restaurants having bands
outside at their site. I've been in and talked with surrounding neighberhoods during these concerts and you can
hear music off in the distance and theres no difference from the music played at the other Eagle events thru out
the year.
I think the City needs to give Landorock a permanent permit like any other business or at least a 5 year permit
until the other annex issues are decided. so Landorock can continue to grow their business and not have the
threat of whether to book clients for a show not knowing whether their going to have a venue place or not.
Here at our site we can not ever hear the bands outside but wish we could. Alot of their employees frequent our
site for refreshments during the week of setting up the stage. We also started cross promoting with them and
having live Radio remotes on our patio. We would love to sell tickets here as well but that would have to be
worked out with the promoters.
Today is the tomorrow you worried about yesterday!
N.Channel Chevron
Sandy Smith
208 939 3900
208 939 3918 fax
1
Tracy Osborn
From: NC Chevron [nccstores@gmail.com]
Sent: Tuesday, June 21, 2011 12:43 PM
To: Tracy Osborn
Subject: please forward for tonite: Landofrock City council
June 20, 2011
Dear Eagle City Council,
RECEIVED R
& FILED
CITY OF EAGLE
JUN 2 1 2011
He -
Route to•
I understand that Landofrock is trying to acquire their use permit/business permit for their Eagle Venue site.
I think they are running a clean well maintained venue with a variety of music for all types of music and people.
Bringing family fun activity to Eagle in a area surrounded by competition for this type of entertainment and a
community starving for activity's that stay close to home.
I think the City Council needs to compare Apples to Apples and this business has the same obstacles and traffic
as any Eagle business and no different than the Eagle Nutfeed, Fundays, Farmers Market, Chamber's wine fest
and many of the restaurants having bands outside at their site. I've been in and talked with surrounding
neighborhoods during these concerts and you can hear music off in the distance but there is no difference in the
music volume played at Landofrock than the other Eagle events thru out the year.
I think the City needs to give Landofrock a permanent permit like any other business so that Landorock can
continue to grow their business and not have the threat of whether to book clients for a show not knowing
whether their going to have a venue place or not. Booking & advertising Concerts and then not following thru
could be detrimental to Landofrock reputation as a Venue and as a booking agent.
At our site on Eagle Rd. we can not ever hear the bands outside but wish we could. Many of their employees
frequent our site for refreshments during the week of setting up the stage as well as customers before going into
the concert.
We also started cross promoting with them and having live Radio remotes on our patio. We would love to sell
tickets here as well but that is still being discussed.
We are in favor of permitting Landofrock a permanent business use permit.
Sandy Smith
North Channel Chevron
503 S Eagle Rd
Eagle ID 83616
1
RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
File:
Route to•
June 21, 2001
Honorable Mayor and City Council
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
RE: Eagle River Pavilion
Dear Mayor and Council,
As a resident of the City of Eagle, I would like to show my support for the Eagle River Pavilion
venue. My family and I have attended many events there and have nothing but positive
experiences. I wish there were more venues in town for such events. I feel the positive
aspects, (income for local business, jobs and sale tax revenues) of a venue of this nature far
out way the negatives. Our family has had friends vacation here and attend concerts at the
Pavilion. They had such a great time they are planning future trips to our City to attend
concerts.
Sin
Fr • Correia and Family
158 E. Daylesford Drive
Eagle, ID 83616
From: Earnest F. Harper
To: John Grasser
Cc: Earnest F. Harper
Sent: Monday, June 20, 2011 1:19 PM
Subject: SOUND & SOME BACKGROUND
Hello, John:
RECEIVED & FILED --1
CITY OF EAGLE
JUN 2 1 2011
1 File: ----
1 Route to:._ _______=—.
It was a pleasure talking with you. Hopefully some of the attached will help. These are
designed for non -experts to understand although the speech -interference gets a bit
technical but you'll be ok I suspect.
One thing I may not have included is:
• A single open window (typical size) or a closed single pane window will
attenuate sound about 3-7 dBA.
• A double or triple pane window (closed) can attenuate sound anywhere from
7-8 dBA up to 12-15 dBA.
• We discussed folks "hearing" things in the far distance. This is normal and studies
show that once the individual moves on the sound tends to become unnoticed as
just part of the background. This can be a children's play ground a mile or so away,
distant fireworks, traffic or the high school marching band practice two miles away.
Many times you'll "hear" these at 35 — 45 dBA on average. Most will disregard.
That level in your bedroom at night would make it harder to sleep but that won't
happen with the sounds noted here.
Ok John, as before, let me know if you have any questions. I know sound (noise) will
come up with some regularity as does safety so if I can help a bit sometimes I'm
pleased to do so.
Later.
Ernie
Earnest F. Harper, CSP, DABFE, DABFET, CFC
Industrial Safety Consulting Service
11263 West Bodley Drive
Boise, Idaho 83709
(208) 322-2600 (Home Office)
(208) 867-7894 (Cell)
< ernisc(Ecableone.net >
1
S
INDUSTRIA, SAFETY
CONSULTING SERVICE.
'LONAfL`___
BOARC CLR711-1ED FORFNS C tOAMMER
FELLOW
AMERICAN COLLLGEOr rcRENS;C E•.`lA?Frac"
g C S p'
' „
r !r
! r
EARNES1 F. HARPER
►(J'', �, 8813 0%
';Fr-FAT1F /i<Z,
•PROFtigS,;
RECEIVED & FILE
CITY OF EAGLE
JUN 2 1 2011
ACCIDENT RECONSTRU&QN * ERGONOMICS
-Ile:
EXPERT WITNESS * INDUS��FE
PRODUCT SAFETY/REGULATIONS ` PRUUtJJ JnTiT1'— —
SAFETY AUDITS * NOISE ASSESSMENTS
OSHA COMPLIANCE * FIRE AND BUILDING CODES
SELECTED
ACOUSTICAL
BASICS
12 October 2004
HOW TRAFFIC VOLUME AFFECTS NOISE
"*bdaiiP 40111i0
2000 VEHICLES PER HOUR SOUNDS TWICE AS LOUD AS....
200 VEHICLES PER HOUR
HOW SPEED AFFECTS TRAFFIC NOISE
40040
TRAFFIC AT 65 MILES PER HOUR SOUNDS TWICE AS LOUD AS...
TRAFFIC AT 30 MILES PER HOUR
HOW TRUCKS AFFECT TRAFFIC NOISE
1 TRUCK AT 55 MILES PER HOUR SOUNDS TWICE AS LOUD AS...
4111R0 dvailikP
4191Rog 4011161
28 CARS AT 55 MILES PER HOUR
EARNEST F. HARPER. CSP, DABFE. DACFET, CFC
Board Certified Safety Professional
Diplomate; American Board of Forensic Examiners
Diplomate; American Board of Forensic Engineering and Technology
Certified Forensic Consultant
Fellow; American Society of Safety Engineers
Fellow of the College; American College of Forensic Engineering
1
SELECTED ACOUSTICAL BASICS
1. Open area sound levels from a "point source" of noise (e.g. Rock Crusher) will
diminish approximately 6 dBA for every doubling of distance in the absence of
sound -reducing features, natural or man-made. Once sound pressure levels
fall below a given value at a given distance, it can only increase if a new noise
source is introduced and adds to the original sound level. Note that "fall-off" rates
in very different environments, such as, a downtown Chicago Street with tall buildings will have
much smaller fall-off rates (2 to 4 dBA). However, in most situations, natural fall-off varies
approximately as described here and in the next paragraph.
2. Open area sound levels from a "line source" of noise (e.g. a line of traffic) will
diminish approximately 3 dBA for every doubling of distance unless acted
upon by sound reduction features as stated above.
3. The acoustical scale is logarithmic so a change from 40 - to - 50 dBA
represents an increase in sound intensity of 10 times the previous value (40
dBA).
4. An increase of 10 dBA will appear twice as loud to the listener.
5. Most observers can detect a change as low as 3 dBA. A change of 5 dBA is
easily noticed.
6. Noise adds: Two equally spaced sound sources of 70 dBA each will combine
to produce a sound pressure level equal to 73 dBA.
7. Noise propagation when downwind or during a temperature inversion (warmer
temperatures over cooler temperatures) tends to be refracted downward,
figure (a. d). When propagated upwind or during temperature lapse where it's
cooler above than below, noise refraction tends to be upward as in figure (b.
SOURCE � _------ —_�`
(a)
SOURCE
711\‘
(b)
2
SHADOW ZONE
J
WIND
WIND
COOLER
ml
WARMER
(c)
WARMER
0
COOLER
(d)
8. Relative Sound Levels (dBA):
a. 130-140 - Pain threshold, 50 HP Siren at 50'
b. 120-130 - Jet take off at 300'
c. 90-98 - Rock Crusher at 25', Jackhammer at 49'
d. 80-90 - Heavy truck at 50' and 45 mph.
e. 70-80 - Freight train at 100', Heavy truck at 50' and 30mph
f. 60-70 - Speech at 2', Urban traffic, vacuum at 10'
g. 50-60 - Busy, large office, heavy rainfall
h. 40-50 - Quiet residential area, average person can't sleep.
i. 30-40 - Soft whisper at 5', urban from 2-4 AM lows.
j. 20-30 - Rustling leaves, North rim of the Grand Canyon.
k. 10-20 - Normal breathing
I. 0-10 - Threshold of hearing for youths (1000 - 4000 HZ)
9. To calculate Fall -Off from a point source of noise, first calculate the
source (Lw) after establishing a known value at distance (r). Once Lw is
calculated, use formula "b" to estimate noise levels (LP) at any distance
(r). (Caution, to calculate the initial LW, distance r must not be too close to the sound
source.)
a. LW = LP + 20Log(r) + 0.5 (Note: If distance is in meters, substitute 10.82 dBA for 0.5
dBA.)
b. LP = LW - [20Log(r)] + 0.5 (Note: Take the Log of distance r, "then" multiply by 20.)
11. Atmospheric absorption need not be considered for relatively small sound
sources until the distance exceeds 300-500 feet. For large noise sources
that distance may approach 1000 feet or more.
For example, at 86°F and 50 % RH, a frequency of 500 HZ would be attenuated (reduced)
by only 0.33 dBA at 328 feet (100 meters), or by 3.3 dBA at 3,280 feet (1,000 meters). As
temperatures decrease and/or humidity increases, atmospheric absorption will decrease
meaning that it has a lesser effect on reducing noise at a given distance.
3
12. Allowable Weekly Sound Exposure To Be Safe
130
120
110
J
D 100
90
so
LOUD BAR
WITH BAND
MAJOR
SPORTING
EVENT \
PARTY
WITH BAND
,
40 20 10 5 3
HOURS
OLD
DRUMLINE CHAIN SAW
REHEARSAL
CHICAGO
BLUES BAR
I 1 1111 11
38 19 9 5 2 1 35 1a v .1 •
MINUTES SLCoN`)
13. Recommended Maximum Weekly Exposure (NIOSH, 1998)
Sound level
(dB)
60
80-85
Exposure type
Conversation
Noisy restaurant
Vacuum cleaner
Average factory
88 Circular saw
Loud party
94 Subway
Riding mower
Motorcycles (< CA
code)
97 Live band
Motorcycles (Typ.)
100 Sporting event
Chain saw
Snowmobile
112
115
140
Blues bar/Rock concert
Ambulance siren
Jet engine
Gun shot
Firecracker
4
No protection Using
ER•20s
SAFE
20 HRS. SAFE
5 HRS. SAFE
2.5 HRS. 40 HRS.
1.25 HRS. 20 HRS.
SAFE
40 HRS.
5 MINS.
2.5 MINS.
INSTANT
LOSS
1.25 HRS.
36 MINS.
Risky
for
1 any
pernd
Above 125 dB you are at risk for any period without maximum
protection
Allowable Daily Exposure (OSHA and NIOSH)
source level in dB 185188 (90192 (94 (95197 110011051110111511201
OSHA 1161 I 8 161 1 4 1 3 1 2 11 11/2 1/4 11/8
NIOSH 1 8 1 4 1 1 ( 1 13/411/211/41 1 1 1
OSHA and NIOSH values listed above are given in daily exposure limits.
According to the OSHA standard, a person can be exposed to a 95 dB
environment for 4 hours before risking hearing damage. With 10 dB of
protection that person can be exposed to 95 dB for 16 hours per day. NIOSH
values are more conservative.
For maximum protection, foam earplugs, muffs or other hearing protection devices
are recommended.
5
SOUND SOURCES
0 10
AUDIBLE THRESHOLD 1KHZ
FELT AS COMPLETE QUIET
NORMAL BREATHING
RUSTLING LEAVES/STREAM
WHISPER AT 5 FEET
TICKING (G.FATHER) CLOCK
RURAL AREA TYPICAL LOWS
AWAKENINGS > 2 % POP.
URBAN FROM 2-4 AM LOWS
QUIET OFFICE/LIBRARY
AVE. PERSON CAN'T SLEEP
DNL TO PROTECT SLEEP
QUIET RESIDENTIAL AREA
RAINFALL
NORMAL CONVERSATION
WASHING MACHINE (HOME)
BIRD CALLS
VACUUM AT 10'
AUTO 30 MPH/50'
DENSE URBAN TRAFFIC
DOWNTOWN LARGE CITY
BUSY/LARGE OFFICE
AUTO 45 MPH AT 50'
POWER LAWN MOWER
MED. TRUCK 30 MPH & 50'
MED. TRUCK 45 MPH & 50'
AUTO 55-65 MPH & 50'
HEAVY TRUCK 30 MPH & 50'
HEAVY TRUCK 45 MPH & 50'
HEAVY TRUCK 55-65 & 50'
ALARM CLOCK/HAIR DRYER
MOTORCYCLE 25'
JACKHAMMER
PLANE RUNWAY - TAKEOFF
OSHA'S 8 - HR LIMIT
OSHA'S 30 MIN LIMIT
1
20
30 40 50 60 70
I RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
File*
80 9C1 Rbgic) to:110 120 130-14
•
•
•
•
• •
•
•
low
, im•no
PAIN
I0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 I
DECIBELS (dBA)
+ 3 dBA = noticed by average person I + 10 dBA = appears twice as loud I + 20 dBA = appears 4X louder
1
RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
I File:
PERCEPTION OF
NOISE
DECIBEL LEVEL
+ 3 dbA 20 %LOUDER
+6 dbA 50 %LOUDER
10 dbA 200 % LOUDER
+ 20 dbA 400 % LOUDER
LOUDNESS
1 � AN INCREASE OF 3 dbA, IS NOTICEABLE TO ► HE AVERAGE
PERSON
AN INCREASE OF 5 OR 6 clbA IS CLEARLY DETECTED
AN INCREASE OF 10 dbA WOULD BE PERCEIVE AS A
DOUBLING OF LOUDNESS
\/ERY SHORT DURATION SOUNDS ( LESS THAN 1 SECOND )
WILL APPEAR LESS LOUD
UNTIL LEVELS REACH 55 dbA. , TRAFFIC DOMINATES THE
AUDIBLE BACKGROUND
SPEECH INTERFERENCE LEVEL (SIL)
Definition: A measure of the degree to which background noise interferes with
' RECEIVED & FILE``
CITY OF EAGLE
JUN 2 1 2011
Fife:
Slt�_&peeEfi:'_
It is obtained by averaging the SOUND PRESSURE LEVELs in the octave frequency bands
centered on 500, 1000, 2000 and 4000 Hz, or by taking the A -weighted SOUND LEVEL (see
SOUND LEVEL METER).
The spectrum of speech sound, however, is distributed over a wide range of 100 to 10,000 Hz,
with the range from 200 to 6000 Hz being critical for full intelligibility. HEARING LOSS with age
(PRESBYCUSIS) or noise -exposure (see THRESHOLD SHIFT) can also interfere with speech
communication.
See also: REVERBERATION, SPEECH COMMUNICATION CRITERION, TRANSIENT.
Compare: NOISE CRITERION, NOISE RATING, SOUND TRANSMISSION CLASS.
However, in the situation with face-to-face conversation of non -familiar speech material, the
following chart shows the speech interference level of background noise for men with average
voice strengths. At levels above 50 dBA, people raise their voice level as shown by the
"expected" line if communication is not vital or by the "communicating" line if it is. In the lower left
hand area, normal voice levels are possible with an ARTICULATION INDEX of 0.5 and 98%
sentence intelligibility; the area of the upper right hand corner denotes situations where unaided
voice communication is impossible.
For telephone conversations, the following ranges apply: 60 dB or less as satisfactory, 60-75 dB
as making telephone use difficult, and over 75 dB as unsatisfactory.
DISTANCE IN FEET
EXECLITIVE
MODERATELY NOISY • INTOLERABLY
•
NOISY • NOISY NOISY
STENO'S uLIIET WOE RATE LY . IERY _ INTOLERABLY
DRAFTNG • NOISY ' NOISY NOISY NOISY
SHIPS'
COMPARTMENTS*
TELEPHONE SATIS-
CON VERSATICNS FACTOP.Y•
QUIET •
16 -
4 —
1—
SI L(4)
0
LIGHTLY
D IFFIJ IJ LT
MCDE RATE LY NOISY
• DIFFI:ULT • UNSATEFACTORY
f35)
No„ ..c .
DI STANCE-NOI S E AREA
\M-IERE FACE-TO-FACE
COMMUNICATION IN
NORMAL VOICE IS
ADEQUATE
30
40
60
70
DI STANCE -NOISE AREA
V,NERE UNAIDED
FACE-TO-FACE
COMMUNICATIONS
ARE INADEQU'A'TE
D LIT
NOI SY
16
90 100
A - weighted level in dB
DISTANCE IN METERS
Necessary voice levels as limited by ambient noise for selected distances between speaker and
listener for satisfactory face-to-face communication (from J.C. Webster, "Speech Interference by
Noise," Proceedings, Inter -Noise 74, Institute of Noise Control Engineering, p. 558, used by
permission of the author).
Earnest F. Harper, CSP, DABFE, DABFET, CFC
f
Mike Williams
From: IDSpuddy@aol.com
Sent: Tuesday, June 21, 2011 11:15 AM File:
To: Mike Williams Route tr-
Subject: Fwd: Land of Rock, Conditional Use Permit
Mike - I am forwarding herewith an email from an Island Woods resident who is on vacation and cannot
be reached timely enough to write to you directly. Thank you.
Best regards,
Jim Keith, Vice President
Island Woods Homeowners Association Board of Directors
Page 1 of 1
RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
From: secretaryiwhoa@aol.com
To: Michael@IdahoRealEstateForYou.com, dfoyecol@aol.com, idspuddy@aol.com,
dgmunroe@msn.com, mmcelliott@cableone.net, donetzler@hotmail.com,
tcombs74@cableone.net, bettygonzalez007@gmail.com
Sent: 6/21/2011 10:51:48 A.M. Mountain Daylight Time
Subj: Fwd: Land of Rock, Conditional Use Permit
Original Message
From: Betty Frazier <betty.frazier@gmail.com>
To: secretaryiwhoa <secretaryiwhoa@aol.com>
Cc: Sue Sanor <ssanor@msn.com>; Ray Caldwell <rayal a@aol.com>
Sent: Tue, Jun 21, 2011 8:19 am
Subject: Re: Land of Rock, Conditional Use Permit
I am on vacation and will not be able to attend tonight's meeting but hope that others in the
neighborhood will be there. I do not approve of the location. I kept an open -mind last year to
see if it would work and even admired the creative thinking to do something in these financial
times. BUT after experiencing a few concerts at my home, I think that is it an injustice for the
adjacent neighborhoods. The music is loud, distorted and makes it difficult to enjoy evenings
at our residence. We are unable to enjoy being outside or having the windows open.
The joy of living in Island Woods is compromised.
Betty Frazier
1223 S. Watermark PI.
208-484-5052
On Mon, Jun 20, 2011 at 5:32 PM, <secretarviwhoa( aol.com> wrote:
Dear Island Woods Residents,
On Tuesday night, June 21, 2011, a Public Hearing will be held at 6:30 PM at the Eagle City
Hall on the application of Land of Rock, LLC for a Conditional Use Permit to operate a
Commercial Entertainment Facility (outdoor) and Live Entertainment Events (concerts)
located on East Riverside Drive adjacent to Merrill Park. The proposed permit is for a three
year period from May 1 through October 31 of each year from 6:00 to 10:00 PM on
weekdays and 6:00 PM to 11:00 PM on weekends. Homeowners wishing to express their
opinions may do so at this, the final vote by the Council on this project.
Thank you,
IWHOA Secretary
6/21/2011
Mike Williams
From: TODD COMBS [tcombs74@cableone.net]
Sent: Tuesday, June 21, 2011 12:03 PM
To: Mike Williams
Subject: Land of Rock, Conditional Use Permit
Dear Eagle City Council,
My family and I are residents of the Island Woods Subdivision.
Regarding the application by Land of Rock for the condition use permit to allow 15 concerts in Eagle
Idaho, I have several concerns with the current application.
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JUN 2 1 2011
File:
Route to.
I am opposed to the idea of extended hours beyond 10:00 PM. This is set forth in the Eagle City Code,
and I think we should adhere to it.
I feel that the City of Eagle should specify an upper noise limitation. The current proposal sets no
limitations on how loud the concerts can be.
I am opposed to the additional, unspecified number of corporate/wedding events. There needs to be
limits set forth on the number and noise limitations for these as well.
I am opposed to granting approval for this application for more than 1 year.
I feel that a limit to number of events per week should be specified. It would be most disturbing to have
15 days of continuous rock concerts.
Finally, these concerts are affecting our quality of life. We purchased our home in Eagle in 2008, with
the idea of a peaceful community adjacent to the Boise River.
Rock concerts directly adjacent to the Island Woods Subdivision were not present when we purchased.
Had we known that this would be the case, we may have reconsidered our decision to move here.
Sincerely,
Todd Combs
1241 S. Gosling Way
Eagle, Idaho 83616
6/21/2011
Al Russell Jr.
1350 S. Willow Wood Way
Eagle, ID 83616
Eagle City Council
Via E -Mail
July 21St, 2011
RE: Eagle River Concerts
Dear Mayor and City Council;
f I E EIVED & FILED
MY OF EAGLE
JUN 2 1 2011
Elle:
Route t•
I apologize for not being able to be in front of you in person this evening as I planned, but I have
been called out of town suddenly on a family emergency. I feel that is important for the Council
to know that I, being the closest resident to the concert venue, believe that the concerts should
be approved this evening. The noise levels from the event were not bothersome to myself, and I
believe that the 10 o'clock noise ordinance that is in effect for the City is more than adequate to
assure that my quality of life is protected.
Please put my name in as being fully in support of this application.
Sincerely,
Al Russell Jr.
1350 S Willow Wood Way
Eagle, ID 83616
Mike Williams
From: cheryl mancini [cherylmancini@gmail.com]
Sent: Tuesday, June 21, 2011 2:06 PM
To: Mike Williams
Subject: Land of Rock Conditional Use Permit
Pasquale & Cheryl Mancini
393 Trailside Dr
Eagle, ID 83616
208 939.6505
RE: Land of Rock CUP
Page 1 of 1
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CITY OF EAGLE
JUN 2 1 2011
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Route to.
Mr. Williams,
We are unable to attend the meeting tonight but wanted to add our comments on the Land of
Rock's CUP. We do not have any object the days or hours of use but we do object to the non-
specific use 'Commercial Entertainment Facility'. This is too vague a term and don't feel we will be
properly protected from any and all types of entertainment. Please limit the use only as 'Live
Entertainment Events (concerts)'.
Sincerely,
Pasquale & Cheryl Mancini
6/21/2011
June 21, 2011
Eagle City Council
P.O. Box 1520
Eagle, ID 83616
RECEIVED & FILED
CITY OF EAGLE
JUN 2 1 2011
File:
Route tn•
Re: Application of Land of Rock, LLC for a Development Agreement modification and Conditional
Use Permit to operate a Commercial Entertainment Facility (Outdoor) and Live Entertainment
Events on a 24.6 acre site adjacent to Merrill Park.
Dear Councilmen:
I am writing this letter to voice my concerns with the subject application. As proposed, the Conditional
Use Permit will be for a three-year period, allowing the developers to host fifteen live rock concerts from
May 1 through October 31, between the hours of 6:00 PM and 10:00 PM on weekdays and from 6:00 PM
to 11:00 PM on weekends. Also included in the application are an unlimited number of "Live
Entertainment Events," which include, but are not limited to, "weddings, receptions, and corporate
parties."
As recommended by the City of Eagle Planning and Zoning Commission, the developers will receive
everything they have requested, except that the Conditional Use Permit will be valid until June 1, 2012
and the hours of operation for concerts are to be between the hours of 7:00 PM and 10:00 PM. The gates
to parking at the venue will be allowed to open at 4:00 PM and gates to the venue may open at 6:00 PM.
I object to the ending date, which will allow the promoter to slip in some events between the dates of
May 1 and June 12 of 2012 and follow up with another tardy application for 2012.
The Planning Commission ignored the fact that the ill-defined "Live Entertainment Events" are vague
as to noise, hours of operation and type. In fact, they seem to be merely an extension of the concert
operation. In the words of the developer, "These events would include outdoor receptions that are catered,
and will have some element of musical entertainment, including a small band or a hired Disc
Jockey." The door is left open to all -day events approaching concert magnitude in terms of attendance
and noise levels.
The Planning Commission chose to ignore the fact that young children go to bed at around 9:00 PM on
school nights in the months of September and October, while the concerts are allowed to go on until
10:00 PM. The constant thumping of bass instruments have never allowed my 8 year old to fall asleep and
is distracting to completing his homework.
The Planning Commission conveniently ignored the sound checks that are performed by technicians
prior to concert events, both as to the time they are allowed to begin and end and as to the sound levels
that are to be permitted. The sound checks often far exceed concert levels.
Last year's concerts were a distraction that I never anticipated. I sincerely regret my decision to
purchase a home in Island Woods, knowing now that the Ada County Commissioners, supported by a
resolution of the Eagle City Council, would choose money over people and approve such a project. I
know this project is already approved, given the actions of the Planning Commission, but it is within the
City Council's power to promulgate some more reasonable conditions to protect the interests of the
people it serves.
Sincerely,
Hugh J. Keith
597 E. Riverchase Way
Eagle, ID 83616
DAVEY HAMILTON
1344 S. WILLOW WOOD WAY
EAGLE, IDAHO 83616
MAY 16, 2010
DEAR ADA COUNTY COMMISSIONERS.
RECEIVED & FILED
GSi y COEAGLE
JUN 2 1 2011
File:
Route try
MY PROPERTY, IN THE CITY OF EAGLE. IS DIRECTLY NORTH OF THE BOISE RIVER
FROM THE PLANNED EAGLE SUMMER CONCERT SERIES. 1 HAVE ABSOLUTELY NO
CONCERNS REGARDING THE SERIES AND ASK FOR YOUR VOTE OF APPROVAL. THIS
SERIES WILL BE A TREMENDOUS BOOST FOR THE EAGLE ECONOMY AND WILL ALSO
HELP OUR SCHOOL CHILDREN INVOLVED IN THE ARTS BECAUSE A PORTION OF THE
PROCEEDS FROM THIS SERIES WILL BE DONATED TO THE EAGLE ARTS
COMMISSION. WE ARE VERY HAPPY TO SEE THE EAGLE ARTS COMMISSION
SPONSORING THESE EVENTS, AS THEY HAVE BROUGHT A WELCOME DIVERSITY OF
VISUAL AND PERFORMING ARTS PROGRAMS THAT HAVE ENHANCED THE COMMUNITY
OVER THE LAST SEVERAL YEARS.
THANK YOU FOR YOUR VOTE OF APPROVAL FOR THE ENTIRE SUMMER CONCERT
SERIES.
YOURS TRULY.
DAVEY HAMILTON
/'