Minutes - 2011 - Planning & Zoning - 05/02/2011 - Regular THE CITY OF EAGLE
PLANNING AND ZONING COMMISSION
May 2, 2011
Minutes
1. CALL TO ORDER: Meeting called to order at
2. ROLL CALL: Present: TANNER, ROEHLING, AIZPITARTE, SMITH.
Absent: VILLEGAS A QUORUM IS PRESENT.
3. CONSENT AGENDA:
♦ Consent Agenda items are considered to be routine and are acted on with one motion. There
will be no separate discussion on these items unless the Chairman, a Commissioner, member
of City Staff, or a citizen requests an item to be removed from the Consent Agenda for
discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda
in a sequence determined by the Rules of Order.
♦ Any item on the Consent Agenda that contains written recommendations from the City of
Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of April 4, 2011.
Tanner moves to approve the minutes of April 4,2011 as presented. Seconded by Roehling.
ALL AYE...MOTION CARRIES.
4. UNFINISHED BUSINESS: NONE
5. PUBLIC HEARINGS:
A. CU-02-11 - Commercial Entertainment Facilities (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 Street.
Chairman Smith introduces the item.
Shawn Nickel, 1589 Estansia Place Eagle, Idaho with SLN Planning, representing Land of Rock LLC.,
reviews the application. Nickel provides an overview of the application. A noise assessment has been
provided to the Commission tonight for consideration. Nickel states that there are 6 site specific
conditions that the applicant has concerns/issues with and goes on to review those conditions.
Aizpitarte notes that his company has done expert testimony regarding noise assessments, and in the past
has testified against Ernest Harper (whom is the author of the noise assessment provided tonight by the
applicant). City Attorney Fitzer asks Aiziparte questions regarding ex-parte, and it is determined that
Aizpitarte may participate in the hearing.
Discussion between Commissioners and Nickel regarding the noise assessment. Smith notes that the
report submitted by Mr. Harper indicates it is preliminary and inquires if there has been more
documentation submitted by Mr. Harper. Nickel states he will look into the matter and have to get back
to the Commission. He also notes that the assessment was provided at this late time merely as a response
to the staff report.
Creston Thornton, with Land of Rock LLC, residing at 757 W. Bankside Dr. Eagle Idaho. Mr. Thornton
draws the Commissions attention to the conditions of approval that require a noise assessment to be
provided to the City Council... prior the issuance of a zoning certificate. There was a study done last
year by Land of Rock, and that was what was provided to the Commission tonight. The requirement in
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the staff report states that an updated study needs to be provided to Council and that is what Land of
Rock intends to do. In response to a question posed, he states that what they have is an SL 320 stage a
portable modular stage that goes up per show. It actually has back walls, hard back and side walls that
actually enclose all of the sound from reverberating. It is not 6 post or a 4 post stage, that has an open
back — this is a closed back stage. Last year at every show there was a db meter, at the sound board
which is usually 80 feet from the stage and it remained consistent between 95 and 108 at the peaks. The
study that was done by Mr. Harper, he went around to the nearby neighborhoods. Discussion. He states
that the Eagle City Council met monthly last summer to address comments and concerns with the concert
series and Land of Rock tried to be responsive to the complaints received. Discussion of concert seating
configuration, industry standards for decibel levels and target audiences in attendance at concerts.
City Planner, Mike Williams reviews the 23 recommended site specific conditions of approval and
explains the same to the Commission. Williams notes that standard condition number 6 in regard to the
Design Review application should read: The Design Review application shall be reviewed and approved
by the City Council prior to issuance of a zoning certificate.
Discussion between Commission and Planner Williams.
Smith opens the public hearing.
H. J. Keith, 597 E. River Chase Way Eagle, Idaho. Mr. Keith attended the hearings last year regarding
the concert series that Ada County held last year. He states his concern with the length of time the
applicant is requesting, 3 years and the unlimited number of entertainment events in addition to the 15
concerts proposed. The beat of the music is more the nuisance vs. the decibel level. The sound
generated by the audience has not been taken into consideration. He has young children and would
prefer site specific condition read "no concerts on school nights" instead of the ending time of 9:00 p.m.
He feels that 12 concerts are plenty; no concerts on school nights. The proposed 4:00 p.m. starting time
is unacceptable. There should be more limitations put on the live entertainment events, it is too open
ended.
Todd Combs, 1241 S. Gosling Way Eagle, Idaho. Mr. Combs concerns are with the concert times. He
supports the 9:00 p.m condition for weekdays and 10:00 p.m. on weekends. The number of adult
entertainment events are also of concern with him, and feels there should be a limit defined rather than
keeping it open ended. The 4:00 p.m. start time is too early, would rather the 5:30 p.m. suggested by
staff would be more acceptable.
Harry Gillis, 1670 S. Willow Lake Way in Island Woods and is '/4 mile from the venue. Mr. Gillis reads
his comments into the record (copy attached to minutes). Mr. Gillis's concern is that individuals are
seeking to make monetary gain at the expense of several expensive subdivisions that are located so
closely to the proposed site. Unwanted noise, and a "Woodstock" environment within this quiet upscale
neighborhood is an affront and could damage property values. Mr. Gillis notes that the developer offered
to make donations to the Eagle Arts Commission based on ticket sales, he is wondering where the
balance of the donation is. He has conducted an informal survey with local restaurants regarding the
financial impact during the concert series. His findings showed that little - to no positive impact was
made by the concert series to local businesses. The negative impact of the high level of decibels should
not be ignored and comments that Boise City is currently readdressing their noise ordinance. If the
Council chooses to approve this application he would suggest the following: a one year approval only;
maximum 2 concerts per month for the months of June, July and August only; concert times would be
6:00 — 9:00 p.m.; no other events allowed; maximum db from seven feet from the stage of 95 with
monitoring done by a sound engineer with fines as a penalty for infractions.
Robert Christensen 252 E. Woodlander Dr. Eagle, Idaho. Mr. Christensen displays a photo of a concert
posters that are posted on the applicant's property, but that are visible from the public pathway (copy of
picture attached to minutes). He does not feel that on a public pathway you should have to be subject to
commercial advertising. His property is 1900 feet from the stage. Several times during last year's
concerts he could hear the base coming through the walls of his home. He also feels that the applicant is
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trying to circumvent Eagle's floodplain requirements by meeting Ada County's requirements, and
avoiding Eagle's more restrictive requirements by delaying their annexation request. Approval of the
conditional use permit that would allow the rock concerts for any length of time would infringe upon his
rights to enjoy his property as specifically mentioned in paragraphs 2.1 and 2.2 of the 2011 Eagle
Comprehensive Plan. Mr. Christensen comments that the Land of Rock did cease all of their concerts at
the designated 10:00 p.m. cut off last year. Some concerts appeared to be louder than others, he does not
know the cause for the noticeable variance in sound.
Michael Hummel, 132 E. Woodlander Dr. Eagle, Idaho. There is an e-mail from him in the
Commission's packet. He comments that he meant no malice but was attempting to get the ball rolling
on a pathway connection discussion. He attended the Crosby, Stills and Nash concert and did not feel the
need for ear plugs. He does not have any objections with the conditions of approval denoted by staff for
this year. Mr. Hummel suggest noise studies be looked at closely. As others have stated some concerts
could be heard more than others. Decibel levels are of concern. The land structure, with no
amphitheater bowl type, does allow the sound the carry farther. The current noise ordinance will serve
well to address the concert series. Some type of sound barrier should be pursued.
Tom Dater, 698 E. Laguna Shore Eagle, Idaho. Mr. Dater is in favor of this proposal. To require paving
of the Ballantyne Ditch does not see appropriate. He notes that you don't hear of the neighbors of the
Idaho Botanical Garden complaining about the concert series held at that venue. He previously owned
the concert site property and notes that the "bonfire" that is of issue is really a fire pit that he installed in
his back yard. When there are sports events at Merrill Park there are people parking on the street all of
the time, no one enforces the parking then. So to require the Land of Rock to make additional efforts to
mitigate street parking seem inappropriate. Mr. Dater feels the concert series is a great thing for the
Eagle community.
JoAnn Butler 251 E. Front St. Boise, Idaho with Butler Spinks representing Eagle River Development.
Ms. Butler feels this application is premature in being brought forth to the City of Eagle. She also feels
the application is rushed and would like to see a computerized model for the noise impact. She reviews
the history of Eagle River and notes that Eagle River may be pursuing a senior housing project that
would be located in the vicinity of the proposed concert series. Eagle River is not opposed to it right
now, but if her client were to move forward with a residential use application, then they may want to
revisit it. She would rather see the conditional use approved on a year to year basis.
Enis Dale 485 E. Riverside Dr. Eagle, Idaho with Eagle River Development. Mr. Date states that the
studies are being done on the senior residential house and it may be within the next three years.
Discussion.
Shawn Nickel rebuts testimony. Nickel clarifies that they are not looking for carte blanche for the
weddings and receptions and is open to suggestions from the Commission. He clarifies that they only
wanted to open the parking lot at 4:00 p.m. to facilitate better traffic flow, it wasn't the intent to start the
concert at 4:00 p.m. but to open the parking lot. Nickel states that, for the record, the property is not in a
residential area, the property is in the middle of a mixed use zone with residential to the south. That is
one of the reason they are looking for short term approval. Also several businesses did see increased
profit from the series, including local caterers, gas stations, Tates Rents etc. The pathway that Mr.
Hummel had discussed will be pursued as City staff sees fit. Nickel addresses the risk the applicant takes
by securing artists prior to having the approvals secured by the City or County. Mr. Thornton has a good
relationship with the Idaho Center that he could investigate if approvals are not received on this site.
Creston Thornton, states that over 100 jobs were created last year. He had to pursue other options due to
recent financial losses, and so he tapped into his 20 years of experience of concert promotion. Last
summer he met with those neighbors who had complaints in an effort to address their concerns. He lives
in Eagle and wants to bring something of value to the community. Mr. Thornton compares the Eagle
venue with those in Boise in regard to parking availability, closeness of homes, and end time. He states
he would like to be held to the same noise standard that is currently in place, 10 pm— 7 am. If he has to
shut down at 9:00 p.m. then he will lose concerts. He addresses the grading and landfill that was done on
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the site and confirms that all of the pertinent permits were secured through the County. He clarified that
it is not a bonfire, but a fire pit. The highest point of the crowd noise is usually 90dB, of course this will
alter depending on the number of people in attendance. Thornton displays dB levels for several
surrounding residences that were studied. Discussion between Mr. Thornton and Commission.
Planner Williams states that if Mr. Thornton were ready to execute the development agreement then the
ordinance of annexation would be placed on the next Council agenda.
Smith closes the public hearing.
Discussion amongst the Commission.
Roehling moves to recommend approval of CU-02-11 - Commercial Entertainment Facilities
(Outdoor) and Live Entertainment Events (Concerts) - Land of Rock, LLC. with standard
conditions of approval modifying standard condition of approval #6 to read: ...prior to issuance of
a zoning certificate and strike the remaining language of that condition, and with site specific
conditions of approval as discussed. Seconded by Tanner. Discussion.
Accept the following site specific conditions as presented by staff: 1, 2, 3, 4, 5, 7, 8, 11, 16, 17, 18,
20,21,22, 22 and 23.
Modify 6 as follows: The design review application shall be reviewed and approved by the City
Council prior to the issuance of a zoning certificate.
Modify 9 to read: The applicant shall provide an updated noise impact study so that the City
Council may make a determination regarding an acceptable decibel (dB) level for live concert
event music prior to the issuance of a zoning certificate.
Modify 10 to read: During a concert event the parking gates for the site shall not be permitted to
be open before 4:00 pm, entrance gates for seating shall not be permitted to open prior to 6:00 pm,
and the concert performance shall not begin prior to 7:00 pm.
Modify 12 to read as suggested by the applicant: Parking barriers shall be placed at the entrance
of the Merrill Park overflow parking area/access (located adjacent to the western boundary of the
subject site) and all curb cut areas adjacent to East Riverside Drive a minimum of two (2) hours
prior to any scheduled event unless a joint parking agreement is reached between the applicant
and the respective owner of the property. The joint parking agreement shall be reviewed and
approved by staff and the City Attorney prior to execution of the agreement.
Modify to read 13: Based on 1,108 parking spaces, provided on-site, the total number of patrons
and staff in attendance at an event shall not exceed 3,324 individuals unless the applicant provides
a joint parking agreement for 226 additional parking spaces or as recommended by the Design
Review Board and approved by the City Council. Joint parking agreements shall be reviewed and
approved by staff and the City Attorney prior to execution of the agreement
Modify 14 to read: The ending time for events scheduled on the site shall be 10:00 pm. All patrons
attending any events on the site shall be off the site no later than 11:00 pm.
Modify 15: The applicant shall remove all equipment from the property within 72 hours from
conclusion of event unless multiple events occur within the same week. Screen Porta-potties from
site from Merrill Park and Riverside Dr.
Strike site specific condition 19:
Adding: Site specific condition 24: The concert season shall run from May 1st to October 31s` of a
calendar year. The applicant shall be limited to fifteen (15) concerts per concert season.
Adding Site specific condition 25: The applicant shall meet with the City Council during a City
Council regular meeting a minimum of once a month to address citizen and community concerns
regarding the concert events.
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Roehling moves to amend the motion to accept the changes to the site specific conditions as
discussed. Second concurs. ALL AYE...MOTION CARRIES.
6. NEW BUSINESS: None
7. REPORTS:
A. Commission: Roehling comments on flags displayed that are tattered, and is hoping they will
be replaced soon. He also comments on landscape sprinklers on a commercial a property along
State Street that are hitting sidewalks causing people to choose to veer into traffic to avoid
getting wet while riding their bicycles on the sidewalk. Aizpitarte states that he is the HOA
representative for that commercial property associate and will contact the landscape contractor
regarding the issue. Smith inquires if line numbers could be added to staff reports to increase the
ease of reference for the Commissioners. Planner Williams states that he do his best
accommodate this request.
B. City Attorney : None
C. Staff: None
8. ADJOURNMENT:
Aizpitarte moves to adjourn. Seconded by Roehling. ALL AYE...MOTION CARRIES.
Hearing no further business, the Commission meeting adjourned at 11:40 p.m.
RESPECTFULLY SUBMITTED: �,,,,,,,,,,,,,,,,,,,�
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SHARON K. BERGMANN .. . �" v `"�
CITY CLERK/TREASURER *:;r i: 1
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PPROVED:
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DEREK T. SMITH
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE AT CITY HALL UPON
REQUEST.
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NOISE CONCERNS FROM EAGLE ROCK CONCERTS
A small group of individuals is attempting to raise income by promoting and putting
on rock concerts in an area of Eagle that is in the midst of many beautiful and
expensive subdivisions. Presumably these homeowners did not purchase these
expensive homes to be serenaded by rock concerts throughout the summer and fall.
To name a few of the subdivisions there are Two Rivers, Island Woods, Rivers End,
Edgewood Estates, Pacific Heights, and The River District which is just several
football fields away from the concert site. The rest are at or less than three quarters
of a mile away from the concert venue. This means that we would have a "Wood
Stock" atmosphere within walking distance of some of our finest subdivisions.
Last year the concerts were approved by the county which had jurisdiction over the
land and by our Eagle city council. It is my understanding that the approval was
granted for several reasons. One being that the concert group would donate a
sizable amount of money to the Eagle Arts Commission. There were ten local
concerts and assuming one thousand participants and the promise of one dollar per
ticket that would amount to ten thousand dollars. To my knowledge only $3900 was
turned over to the city. Where is the rest of the money? Secondly, there was a strong
argument that local businesses would generate increased revenues paid by the
concert goers. I surveyed a number of businesses close to the venue and found the
following: Willow Creek Grill noted a small increase, River Rock Ale house a
significant amount of revenue, Bardenay noted concert goers using their parking
area and decreasing business, Bella Aquila noted on some concert nights a few more
customers and other nights less customers, Hilton Gardens Hotel feels that they
experienced a few more customers plus one band stayed one night, Erickson's wine
store no increase, the Thai restaurant no increase and Cool Hand Lukes apparently
had so little business that it was sold. It seems that the expectation of more revenues
for local businesses from the concerts surpasses the reality. It is interesting that the
concert givers advertise on-site drinks and food.
To those of us that oppose the concerts, unwanted noise is the main objection. But
secondly a "Wood Stock" environment within this quiet upscale neighborhood is an
affront and could damage our land values. Many communities are beginning to
address the subject of unwanted noise and to consider some of the deleterious effects
of loud noise. Our state presently gives its cities the right to regulate many things
including concerts within its city limits. The purpose of such an ordinance would be
to prevent and regulate sound generated by loud amplification devices wherever it is
deemed to be harmful to the health, safety, welfare or quality of life of the citizens of
our city. The city of Boise is presently reworking their noise ordinance so that
people in residential areas would not be affected by unwanted noise from bars and
restaurants. Daytona Beach, Florida, a residential and tourist city, only allows
seventy dB's up until lOpm and 65 dB's until 11 pm. A police officer measures the
sounds with a meter and tickets offenders. OSHA considers 70dB's as noisy, loud
and intrusive. During my research I found many cities such as Minneapolis,
Middleton, WI, and New York City that were struggling with the issue of excessive
noise and had put into place noise restrictions.
There are many adverse effects from loud noise exposure such as hearing
impairment, hypertension, psychological effects, annoyance, disturbance of sleep,
sleep quality reduction and awakening from sleep. It is documented that up to 40%
of rock musicians suffer from hearing loss and that many rock concerts now advise
the patrons to wear ear plugs to lessen the volume of music that they are hearing.
The League of Hard of Hearing says that rock concerts produce 110-120 dB's which
is the equivalent of a power saw, leaf blower, chainsaw, pneumatic drill or
ambulance siren. They recommend one not be exposed to these noise levels for more
than one minute and 29 seconds. The Morrison Center is only permitted to produce
85 dB's at their concerts. The Boise airport must not average over 65 dB's in a day.
Using the example of a typical rock concert that was producing 115 dB's seven feet
from the bandstand, the dB level at the back of the venue, say 200 feet, would be 90
dB's. The low frequency guitar and drum sounds transmit the farthest and loudest
and would be heard at about 60 to 70 dB's in many of our homes surrounding the
venue. Sixty to seventy dB's would be the volume of normal conversation of people
3-5 feet away from us. This is certainly loud enough to disturb many of our
residents. Our area in Eagle is a low noise level area so that any new and unwanted
noise causes a loss of peace and quiet.
In January I attended a presentation put on by the group that presented the
concerts last year and listened to their ideas for future years. They intend to ask for
permission to hold concerts for the next three years, have no limits on the number of
events held, that would include rock concerts, weddings and corporate gatherings.
They would hold the events until as late as 11 PM. Many homeowners in my
development and myself are very hopeful that the Eagle city council will be as
skeptical of such a request as we are. Last year the Land of Rock put on three other
concerts, two in the Idaho Center in Nampa and one at the Egyptian theater in Boise
which are excellent places for such events and would not disturb peaceful residential
areas like Eagle. The request for other events is too nebulous and could include
disturbances that may be noisier than the concerts.
If the Eagle City council agrees to any rock concerts for the future I would hope that
it would provide the following restrictions. Any approval would only be for one
year. Only two concerts per month would be allowed during this one year period
which would include June, July and August only. The time of such concerts would
be from six PM to nine PM. No other events would be allowed in this venue. The
volume of the music would be restricted to 95 dB's at a spot seven feet from the
bandstand. Monitoring of this restriction would be done by a sound engineer or
some other qualified person. Fines would be imposed if infractions occurred.
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To:
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Date:
Attachment(s):
City of Eagle
Zoning Administration
5141Di
5A
Planning and Zoning Commissioners
Michael Williams, PCED, CFM, Planner II
CU -02-11 — Commercial Entertainment Facil y (outdoor) and Live Entertainment
Events (concerts) — Land of Rock, LLC, represented by Shawn Nickel
May 2, 2011
Email correspondence received from Shawn Nickel date stamped by the City on
May 2, 2011
Noise Assessment Analysis for The Eagle River Pavilion, date stamped by the City
on May 2, 2011
Curriculum Vitae for Earnest F. Harper, CSP, DABFE, DACFET, CFC, date
stamped by the City on May 2, 2011
Copy To: Shawn Nickel, 1589 Estancia Place, Eagle, ID 83616
The applicant's representative has submitted a list of the Site Specific Conditions that indicates the
conditions they agree with, are concerned with, or dispute.
The applicant also provided a noise assessment analysis and opinion concerning The Eagle River Pavilion.
The analysis in the report is based on a residential sound assessment that was conducted during the Crosby,
Stills and Nash concert on June 10, 2010.
Page 1 of 1
K.1Plannmo Deptlliagle Applications\CU1'_0I I\CU-112-11 me Land of Rock (Lofts) doe
Page 1 of 1
Mike Williams
From: Shawn Nickel [shawn@landconsultants.net]
Sent: Monday, May 02, 2011 2:18 PM
To: Mike Williams
Cc: creston@fhkllc.com
Subject: CU -02-11 Land of Rock (Lofts) stf recommended SSCs (2)
Attachments: CU -02-11 Land of Rock (Lofts) stf recommended SSCs (2).doc
Mike. Conditions to be discussed tonight. Thanks, Shawn
5/2/2011
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The Commercial Entertainment Facility (outdoor) and Live Entertainment Events (concerts -
weddings, receptions and corporate events) are the only uses approved with this conditional use
permit (ECC 8-2-3). OK
The applicant shall submit payment to the City for all engineering and attorney fees incurred for
reviewing this project prior to the issuance of a zoning certificate (ECC I -7-4[A]). OK
3. To verify compliance and completion of the conditions of approval required herein, the applicant
shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to
the commencement of the proposed uses on the site (ECC 8-7-2[A1). OK
4. The conditional use permit for the commercial entertainment facility (outdoor) and live
entertainment events (concerts, weddings, receptions, and corporate events) shall he valid until
June 1, 2012 (ECC 8-7-3-5[D][3]). Disputed by applicant The proposal is for 3 years and we
would like to keep it as such. Applicant to discuss with P&Z.
5. Should the applicant want additional time to operate the commercial entertainment facility
(outdoor) and live entertainment events (concerts, weddings, receptions, and corporate events) the
applicant shall submit a conditional use permit modification application for review and approval
by the City Council prior to November 1, 2011. If the City determines that any changes within the
modification require additional public comment due to potential impacts on surrounding property
or the community, a public hearing shall be held on any proposed changes and notice shall be
provided as may be required by the City (ECC 8-7-3-5[DJ[3]). Potential compromise to #4 aho‘e
if P&Z and Council decide to limit number of years. Applicant to Discuss with P&L.
6. The applicant shall submit a design review application (currently submitted DR -12-i1) showing
elevations of the existing building (residential dwelling) and the changes proposed to bring the
building into compliance with the Eagle Architecture and Site Design book, site landscaping, and
parking (ECC 8-2A-6, 8-2A-7). The design review application shall he reviewed and approved by
the Design Review Board prior to the issuance of a zoning certificate (ECC 8-2A-17). OK
7. Comply with the applicable conditions within the development agreement for rezone application
RZ-14-06 and RZ-14-06 MOD. OK
8. The applicant shall suhmit a dust mitigation plan indicating how dust will be controlled during
events located on-site. The dust mitigation plan shall he reviewed and approved by staff prior to
the issuance of a zoning certificate (ECC 8-7-3-5[D][7]. OK
The applicant shall provide a noise impact study so that the City Council may make a
determination regarding an acceptable decibel (dB) level for live concert event music prior to the
issuance of a zoning certificate. A copy of Ernie Harpers noise study Irom last year's Crosby.
Stills. Nash concert was submitted to Staff today.
10. During a concert event the parking gates for the site shall not be permitted to be open before 5:30
pm (ECC 8-7-3-5[D][I]). The applicant is requesting 4:00 pin for gates. Disputed by applicant.
Applicant to Discuss with P&Z
11. Parking shall be prohibited on East Riverside Drive. The applicant shall place "No Parking" signs
on stakes in the ground along East Riverside Drive, and shall be removed following each event.
"No Parking" signs attached to trees, or poles shall he prohibited. OK
1 2. Parking barriers shall he placed at the entrance of the Merrill Park overflow parking area/access
(located adjacent to the western boundary of the subject site) a minimum of two (2) hours prior to
any scheduled event (ECC 8-7-3-5[D][1]). unless a parking I2reement is reached between the
applicant and the City to use this area for overflow parkin_*
9.
13. Based on 1.108 parking spaces, provided on-site, the total number of patrons and staff in
attendance at an event shall not exceed 3.324 individuals unless the applicant provides a joint
parking agrecmcnt for 226 additional parking spaces. Joint parking agreements shall be reviewed
and approved by staff and the City Attorney prior to execution of the agreement (ECC -8-4-5).
Disputed by applicant. Applicant to Discuss with P&Z.
14. The ending time for events scheduled on the site shall be 10:00 pm and upon the start of the
school year the ending time for events shall be 9:00 pin with the exception of Friday and Saturday
nights or a weekday night before a holiday and the ending time for those events shall be 10:00
pm. All patrons attending any events on the site shall be off the site no later than 11:00 pm (ECC
4-9-3[A]). Disputed by applicant. Applicant to Discuss with P&Z.
15_ The applicant shall remove all equipment from the property within seventy-two (72) hours from
the conclusion of an event ,unless multiple events occur within the same week.
16. The applicant shall be required to have a street sweeper clean and sweep the roads providing
access to the site (Riverside Drive and the Lone Creek Drive stub street) immediately following
each event (ACHD recommended condition). OK
17. The applicant shall be required to replace the barricade (Lone Creek Drive) at the end of each
event and provide "match work" to level the dirt to the pavement behind the barricade (ACHD
recommended condition). OK
18. No open burning (bonfire) shall be permitted at any public events scheduled to occur on the site
unless a burn permit is issued by Eagle Fire District and a copy of the burn permit is provided to
the City of Eagle (ECC 4-6-7). OK
19. The conditions of approval associated with starting and ending times, street maintenance,
parking, sound decibel (dB) level, and open burning shall apply for corporate events with more
than 500 people in attendance. Starting and endings times need to he extended. Disputed by
applicant. Applicant to discuss with P&/.
20. The applicant shall not he permitted to impede any irrigation and/or drainage water with any
construction on the site. OK
21. The applicant shall provide documentation from Ada County Development Services confirming
that the work associated with the floodplain development permit and grading permit is completed
and in conformance with the approved permits (ECC 10-1-7[A]). The documentation shall be
provided prior to the issuance of a zoning certificate (ECC 8-7-2[A][1]). The applicant will he
meeting with Ada County prior to City Council and iiia} need to discuss with Council if
necessary
22 The applicant shall extend the paved pathway located adjacent to the eastern property line to the
western property line. The applicant shall submit a pathway development plan for review and
approval by the City's Park and Pathway Development Committee prior to construction of the
extended pathway. The pathway shall he installed prior to the issuance of a zoning certificate.
Disputed by applicant Applicant to discuss with P&Z
23. The applicant shall work with Boise River Flood Control District No. 10 to provide an access and
gate adjacent to the eastern boundary of the site to the levee area. The access and gate shall be
installed prior to the issuance of a zoning certificate. OK
IS SERVICE
INDUSTRIAL SAFETY
CONSULTING SERVICE
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EARNEST F. HARPERr
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RECEIVED &
CITY OF EAGLE
MAY 0 2 2011
ACCIDENT RECONSTRUCTION ` ERGONOMICS
EXPERT WITNESS 'INDU Mai
PRODUCT SAFETY/REGU
SAFETY AUDITS * NOISE ASSESSMENTS
OSHA COMPLIANCE' FIRE AND BUILDING CODES
EXPERT REPORT
NOISE ASSESSMENT
ANALYSIS AND OPINION
Concerning
The Eagle Pavilion
Residential Sound Assessment
Crosby. Stills and Nash
June 10th, 2010
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
Board Certified Forensics Consultant
ASSE Fellow: ACFE Fellow
1
EXPERT REPORT
NOISE ASSESSMENT ANALYSIS AND OPINION
Concerning The
The Eagle Pavilion
Residential Sound Assessment
Crosby. Stills and Nash
June 10th, 2010
By EARNEST F. HARPER, CSP, DABFE, DACFET, CFC
Background:
My name is Earnest F. Harper and I reside at 11263 W. Bodley Drive, Boise, Idaho 83709. I am
a Certified Safety Professional, a Diplomate of the American Board of Forensic Examiners, a
Diplomate of the American Board of Forensic Engineering and Technology and a Certified
Forensics Consultant. Professional honors include being selected as a Fellow of the American
Society of Safety Engineers and a Fellow of the American College of Forensic Examiners
Institute. I have over 40 years experience in industrial and product safety engineering,
construction, extensive accident reconstruction experience, electrical safety, community and
industrial noise, fire safety and loss prevention, systems design, human factors and ergonomics,
loss prevention, code compliance and design safety in machinery, processes, products and
buildings. I retired May 2007 from Hewlett Packard as their Sr. Safety and Forensics Engineer
and have remained active in professional organizations and in the field.
I have over 26 years of concurrent experience as an Expert Witness for both Plaintiff and
Defense, including Qualifying in court as a noise expert. Considered an expert in multiple fields
including Electrical Safety, most major codes, acoustics/noise, product design, human factors
engineering and accident reconstruction, he has lectured on the national level, at ASSE's
Professional Development Conference (PDC) and regional and local conferences including, by
invitation, Boston's Harvard School of Medicine
Initial Tasking:
By request, I was asked to determine the venue sound levels at the nearest residences the next
evening although weather impact was problematical. The performance occurred on the evening
of June 10th, 2010.
Perspective on the following:
On a personal note, while I have a very high professional confidence level in my initial data and
its interpretation, I must point out that this initial report is being written with Tess time than normal
due to my imminent scheduled departure for Baltimore and my professional development
2
conference. I regret that I cannot be as in-depth as I would like but trust I can provide you with
an accurate synopsis on the results.
Synopsis. observations. selected bullet points and some conclusions:
Refer to the photos on the cover page and below.
Note 1: Only two locations were physically accessible with respect to the nearest residences
and are identified by the yellow pins. Time did not permit gaining permission to take readings in
residential backyards and the river's backwater area limited access deeper than Location 2.
Note 2: The Yellow pin nearest the Boise River was labeled Location 1 (L1), the pin away from
the river as Location 2 (L2).
Note 3: Observe that a straight line between the venue and location L1 passes primarily over
the river losing some of the advantages of tree and brush noise interference (i.e., reduction).
Note 4: A third Yellow pin to the north across Highway 44 identifies the Rodeo location.
Note: The venue location can be found slightly SW of the circular drive near the ohoto center
below. The actual venue is almost touching the "W" in the LAT/LONG closest to the driveway.
Short Summary:
1. Despite adverse conditions described below, the sound levels from the venue produced only
4 — 6 dBA (Lep) over ambient (background noise) with some brief episodes to approximately
8 — 9 dBA above ambient. Crowd noise did produce a discernible sound but consistently fell
below the venue performance and were of shorter duration depending on the performance.
3
Note: A change of 3 dBA is barely detected by the average individual while most will detect
an increase of 5 dBA without much trouble.
2. The "A - Weighted" scales were used because this matches the acoustical response of the
human ear. However, the level frequency ("C") scale was also monitored on both the Model
824 Sound Level Meter analyzer (SLM) and the Spectrum Analyzer TES 1353 with a finding
ranging up to 60 dBA briefly but falling well short of low frequency vibration intrusion into
homes. Typically, low frequency responses were significantly lower than that most of the
time (intensity/sound pressure) as monitored by the TS 1353 analyzer on the "C" scale.
3. The background noise levels never fell below 46.0 dBA at anytime during the over two hours
at the test site. However background noise typically ranged from 47 — 54 dBA on this day,
the dominant reason being wind and subsequent tree noise.
Note: The Model 824 analyzer "remembers" the lowest sound level encountered.
4. Typical Lmax (maximum) having minimum effect on the Leq results reached 80 dBA at L1
for one 5 -- 7 second duration but did not exceed 69.0 dBA at L2. It was not clear if the
surge was a function of venue or something else, but it did not last more than some
seconds.
Note 1: One motorcycle on Eagle Road was captured in one of the runs producing a short
duration peak (about 1/10th second) of 98 dBA and a maximum level of 62.2 dBA while in
range.
Note 2: Another run (a run is equal, on this night, to 10 minutes) was discounted when three
ducks (2 female, 1 male) flew behind us and landed about 20 feet in front on this back water
away from the main river stream. The sauawkina noise they produced at that distance was
over 70 dBA!
5. The amplified noise coming, with some regularity from the rodeo across HWY 44 (see
photo) was at a distance significantly farther away (- 2,300 feet) from that of the venue
location (about 1.447 feet away from L1) yet the announcer could be clearly heard at 51 —
52 dBA. Considering the additional distance, the Rodeo noise levels clearly competed with
the venue music when running although both could be heard simultaneously.
6. The last 10 minutes of the concert coincided with much less wind effects and a reliable
recording of an Lea of 54.3 dBA with a minimum background of 46.3 dBA. This included
the crowd noise at the end.
7. As the crowd departed, vehicle noise from the venue parking was not detectable from
background levels. Traffic noise from eagle, possibly HWY 44 did not noticeably change
after running for about 15 minutes. The Lea over this period was 48.0 dBA while the
minimum read 44.8 dBA without wind. (Lowest "low" recorded this evening.)
In my professional opinion:
• Venue sound levels will not interfere with normal conversational levels in any
residential backyard. [i.e., does not require you to raise your voice above comfort
levels (— 50 to 60 dBA) when about no more than 5 feet or so, apart).
4
Note: This in fact, was the case as the resident at L1 and about 3 other gentlemen,
including myself, were able to converse easily as the performance was in progress.
• Venue sound levels within the "nearest" homes will be reduced typically 7 —15 dBA
or more inside and if noticed periodically at all, will not interfere with normal activities
such as having quiet talks or TV watching. Many adults would not be awakened once
asleep (35 — 42 dBA or so).
Note; Heavy rain, for example, falling on a residential roof can generate 55 dBA
"inside" the home and can awaken most adults.
Overall conclusion:
• The entertainment sound levels from the Eagle Pavilion will be detectable within the
home as light or distant background and will not vary significantly from
neighborhood background sounds from nearby traffic to children playing.
Final comment on conditions:
On this night a passing, nearby, storm cell generated winds between 18 to 30 mph with higher
gusts in the area while ducks and tree noises, some pedestrian sounds nearby and a rodeo
announcer required frequent short runs during lulls or low points where I could discriminate and
record good data. As a result a simple snapshot or 1 -hour running Leq's were not possible to
achieve without skewing the accuracy. The winds had noticeably begun to diminish around
2140 (9:40 PM).
Completed this day, June 14th, 2010
A-t-t1V-7.47-teo-
Earnest F. Harper, CSP, DABFE, DACFET, CFC
June 14th, 2010
5
(� RECEIVED & FILED
1 CIN OF EAGLE
MAY 0 2 2011
Earnest F. Harper, CS!012ABFE. Dom' -cC
Board Certified Safety Professional
Diplomate of the American Board of Forensics Examiners
Diplomate of the American Board of Forensic Engineering & Technology
Board Certified Forensics Consultant
Fellow of the American society of Safety Engineers
Fellow of the American College of Forensic Examiners Institute
Industrial Safety Consulting Service
11263 West Bodley Drive
Boise, Idaho 83709
Phone: 208/322-2600
Fax: 208/375-4432
E-mail: ernisa@.cableone.net
CURRICULUM VITAE
2009
EDUCATION:
Bachelors Degree: George Fox University, Newburg, OR. 1997
A.S. Mathematics; West Valley College, Saratoga, CA. 1977
A.S. Physics; West Valley College, Saratoga CA. 1977
Electronics: U.S. Navy Technical Institutes, USN Technical Training
Center, Memphis, TN; Naval Postgraduate School, Monterey,
CA. 1959 — 1966.
Ergonomics: USC, Harvard, University of Michigan; 1981 —1994.
Laser Safety: University Of Southern California, Los Angeles, CA. &
Laser Safety Institute, Washington, D.C.; 1979 —1980
Specialized Safety Training, Liberty Mutual's Advanced Safety Institute
Boston, MA 1984
WORK EXPERIENCE. SEMINARS. COURSES AND WORKSHOPS 1970 — 2009
Accident reconstruction
American With Disabilities Act (ADA)
Audit/Inspection
Back Injury Prevention
Chemical Process Safety
Confined Space Entry
Construction Safety
Electronic/Electrical Safety
Ergonomics/Human Factors
Expert Testimony
Fall Injury Prevention/Investigation
Fire & Loss Prevention/Fire Codes
Hazardous Materials Management
Hearing Conservation/Noise Assessment
Human Factors Design
PROFESSIONAL EXPERIENCE:
Incident Command/Emergency Response
Industrial Safety/Loss Prevention
Laser Safety
Machine Guarding
Materials Handling
Multilingual Workforce
OSHA Consultant
OSHA Compliance
Plant/Facility Design and Layout
Process Safety
Product Safety Engineering/Evaluation
Product Regulations
Safety with a non-English workforce
Slips, Trips and Falls
Sound Assessment/Abatement
Systems Safety
1986 — Present: President, Founder and Senior Safety Consultant; Industrial Safety Consulting
Service, Boise, Idaho 83709.
1
Update 15F — by Earnest F. Harper, CSP, DABFE, DABFET, CFC
4.ME
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN 1N
SHT
May 2, 2011 6:00 p.m.
• ial Entertainment Facilities (Outdoor) and Live Entertainment Events.
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(Concerts) - Land of Rock, LLC.:.
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1967 — 2007: Product Safety Engineer, Senior Site Safety and Forensics Engineer; Senior
Incident Commander & Trainer, Emergency Response Coordinator & Trainer, Laser Safety
Officer; Hewlett Packard Company, Boise Idaho ranked 141h on the Fortune 500 list.
Retired after 40 years in this world class, high-tech product design and manufacturing
company. A co-founder (Era: 1969-74) of HP's product, facilities, plant, process and
operational safety programs, I have been consistently and professionally involved with
facility design and construction oroiect teams, production and manufacturing interactions
at all professional safety levels from the production floor to advisory work with senior
executives on a daily or year -in, year -out, basis for about 33-35 years of the 40. Ranked
number One Environmental, Health and Safety Professional two consecutive years, a
first for the Corporation, have successfully managed multilevel safety in the International,
multi -cultural arenas with a workforce that includes disabled and non -English-speaking
employees.
1958 —1967 and 1986 — 2000: U. S. Navy and Navy Reserve. Components included Aviation,
Military Sealift Command and Navy Construction Battalion (CB's). Besides military assignments,
earned 3 NOBC's in Safety Engineering, Aviation Safety Officer and Staff Aviation Safety Officer.
PROFESSIONAL ORGANIZATIONS
American College of Forensic Examiners; Lifetime Member and Fellow; Springfield, MO
American Society of Safety Engineers; Professional Member and Fellow; Des Plaines, IL
Canadian Society of Safety Engineers; Professional Member; Toronto, Ontario Canada
Board of Certified Safety Engineers; Board Certified Safety Professional, Savoy, IL
National Fire Protection Association, Professional Member, Quincy, MA
National Safety Council, Chicago, IL
Veterans of Safety, Warrensburg, MO
HONORS:
1986-1987: Chapter Achievement Awarded by the American Society of Safety Engineers
while President of the Snake River Chapter of Idaho and Eastern Oregon.
1989: Awarded "Safety Professional of The Year" by ASSE, Snake River Chapter.
1989: Credited for the Hewlett Packard Boise Sites being awarded the prestigious "1989
Employer Of The Year" by the National Epilepsy Foundation.
1994: Awarded "Fellow of the College" by the American College of Forensic examiners
for contributions to the field of forensics.
2001: Awarded the honor of "Fellow' by the American Society of Safety Engineers for significant
lifetime contributions in the field of environmental, health and safety. ASSE, founded in 1911, is
the world's oldest and largest professional safety organization.
LECTURER:
Lectures have ranged from Harvard University, Boston, MA to Governors Conferences in
Oregon, Idaho and Louisiana typically addressing Forensics, Electrical Safety, Human
Factors, confined space, construction, manufacturing and accident reconstruction.
National Professional Development Conferences include the American Society of Safety
Engineers annual conferences.
GENERAL BACKGROUND SUMMARY:
2
Update 15F — by Earnest F. Harper, CSP, DABFE, DABFET, CFC
1. Safety Enaineerina: Over 40 years "hands-on" experience in the field. This includes
product, process and facility design and construction, compliance with fire, OSHA, building codes
and related issues such as egress, lasers, confined space entry, ergonomics, chemical hazard
management and emergency response including incident command. Daily consultations with
responsibility for facility safety issues ranging from plant layouts to extensive construction safety.
Full involvement and oversight in both the Industrial and Construction Sectors in injury and loss
prevention activities through safer designs, task assessments, training, improved procedures and
applied human factor and ergonomic principles. Work experience includes extensive acoustical
assessments, noise abatement and hearing conservation. Have performed over 2,000 injury
accident investigations during one 19 year span. Work experience also included the safety of
multilingual, limited, or non-English speaking employees, the rehabilitation of injured or disabled
employees, compliance with ADA requirements and appropriate handicapped accommodations.
Over 29 year's of extensive concurrent construction safety including work with the Navy CB's.
2. Product Safety Engineering: Responsible for proper design of Hewlett Packard products in
accordance with established agency (UL, CSA, and VDE) standards, acquisition of third party
agency approvals while developing corporate design standards and policies. (1971-1980)
Extensive tooling design and code compliance for manufacturing apparatus into 2007.
3. Expert Testimony: Have testified as an Expert Witness for over 23 years in cases involving a wide
range of litigation including personal injury, property damage, property condemnation (noise) and
wrongful discharge (EEOC), for both plaintiff and defense in State and Federal Courts. This has
taken place over a variety of environments including Private Industry. Timber and Paper
Production to Construction and Agriculture. Areas of expertise and testimony accepted as a
basis by the court have included forensics, safety engineering, code expertise, accident
reconstruction, a slip trip and fall expert, acoustics and electrical and human factors/ergonomics
expert. Have qualified as a safety expert in cases involving non-English proficient workers for the
Equal Employment Opportunity Commission (EEOC) and the legal Aid Society (LAS).
4. Forensics: Over 36 years experience investigating and determining fundamental causes of injury
accidents and property damage from both acute and chronic initiators. Often involving analysis of
physical forces, human error, medical correlation, equipment or material failures, ignition sources,
chemicals, procedural or communication failures. This often involved differentiating between
manufacturing and design defects and the determination of multiple causes leading to injury or
property damage.
5. Incident Commander/Emeraencv Responder: Over 45 years experience and training with the
U.S. Navy and Hewlett Packard. Authored HP's Incident Commander controlling document
and have trained and Certified Incident Commanders under the National ICS System.
6. International and Corporate: Principle expert and successful safety consultant for HP's
ISRAEL operations and a Hewlett Packard Corporate expert and trainer on electrical safety,
hazard recognition, human factors, safety engineering and loss prevention expertise.
7. Lecturer and trainer in industrial ergonomics and author of several papers on the subject.
Author of eight original documents or papers used throughout Hewlett Packard in Product
Safety, Video Display Terminals, material Handling and ergonomics. Co-author of HP's
Product Safety Design Manual and HP's Corporate Health and Safety Manual.
8. Retired Naval Officer; U. S. Navy/Naval Reserve. Qualifications earned across a wide duty
spectrum included three Safety NOBC's (Naval Officer Billet Classifications): Safety Engineer
(2740), Aviation Safety Officer (8656) and Staff Aviation Safety Officer (8995).
9. Prior listed OSHA Consultant with the U.S. Department of Labor Occupational Safety and
Health Administration starting 1990.
December 22nd, 2009
3
Update 15F — by Earnest F. Harper, CSP, DABFE, DABFET, CFC