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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17, 2006 (Noon.) 0 October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) ~ November 21,2006 November 6,2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the November 21,2006 City Commission Agenda under Public Hearing. The Planning and Development Board on October 24, 2006, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-184. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Bru's Room (MSPM 06-004) Charles Putman, Putman & Associates, Inc. Bob Brudinski, Bru's Wings Inc. 1333 North Congress Avenue Request for major site plan modifIcation for a building addition of775 square feet to Bru's Room Sports Grill on 1.68 acres in the C- 3 Community Commercial zoning district. This request for expansion is in connection with the accompanying request for conditional use approval for a nightclub. Please see accompanying item for additional information on this request and the specific conditions of approval recommended to ensure compliance with city sound standards. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature Developme Z / ?_ Assistant to City Manager p~ ami ~-f(;-irecror City Attorney I Finance S:\Planning\SHARED\ WP\PROJECTS\Bru's Room\MSPM 06-004\Agenda Item Request Bru's Room MSPM 06-004 11-21-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-184 TO: Chair and Members Planning & Development Board Michael Rum;f~ Director of Planning and Zoning THRU: FROM: Kathleen Zeitler u..- Planner . DATE: October 17, 2006 PROJECT: Bru's Room / COUS OS-OOg, MSPM 06-004 REQUEST: Conditional Use for Nightclub (Amplified Music) Major Site Plan Modification (Building Addition) PROJECT DESCRIPTION Property Owner: Bru's Wings, Inc. Applicant: Mr. Bob Brudzinski Agent: Mr. Charles Putman, Putman & Associates, Inc. Location: 1333 North Congress Avenue (see Location Map - Exhibit "AfT) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Restaurant / Nightclub (Amplified Music) Acreage: 1.68-acre Adjacent Uses: North: Right-of-way for the C-16 Canal, and farther north a hotel (The Holiday Inn at Catalina Centre) zoned C-3; to the northwest, multi-family residential (Savannah Lakes) zoned PUD; South: Developed commercial parcel (bank / offices) zoned C-3; East: Right-of-way for North Congress Avenue, and farther east, approved multi- family residential (forthcoming Boynton Village Cortina project) zoned SMU; to the northeast, mixed use development of commercial and multi-family residential (Renaissance Commons) zoned SMU; and Bru's Room - COUS 05-009 Page 2 Memorandum No. PZ 06-184 West: A retention pond, and farther west, developed commercial (Boynton Beach Mall) zoned C-3. BACKGROUND Mr. Charles Putman, agent for the property owner, is seeking conditional use approval for a nightclub and major site plan modification approval of a 77S square foot building addition at Bru's Room Sports Grill located on the west side of North Congress Avenue about one-half mile north of Old Boynton Road. Bru's Room is located on a 1.68-acre parcel in the C-3 (Community Commercial) zoning district. Mr. Bob Brudzinski, owner of Bru's Room Sports Grill has indicated that his business is a combination bar and grill, with the majority of sales from food (restaurant SS%) and the remainder of sales from alcoholic beverages (bar 4S%). The property owner proposes to have live musical entertainment (bands, disc jockey, single musician, etc.) with amplified music within an interior lounge at Bru's Room. Per Chapter 1, Article II. Definitions, of the Land Development Regulations, a Nightclub is defined as follows: "A restaurant, bar, lounge or similar establishment serving alcoholic beverages, that features dancing, theatrical, cabaret, or similar entertainment and/or electronically amplified music". A nightclub is a conditional use in the C-3 zoning district. A conditional use requires greater scrutiny in reviewing site design, operational characteristics and potential impacts on surrounding properties. The additional request for a major site plan modification is to allow construction of a proposed building addition of 77S square feet to the southwest corner of the existing restaurant building. The proposed addition would consist of the same building materials and colors of the existing building, and include handicap-accessible restrooms and storage space for relocated freezers and coolers. The existing freezer and cooler storage area would be renovated to include a stage for musical performances in a new lounge area within the existing enclosed building. The outdoor bar area located at the southeast corner of the building is also proposed to be converted from an awning-covered seating area to a solid roof. The outdoor bar would remain open-sided, and utilize the existing roll-up plastic shades for weather protection when needed. The proposed solid roof would match the existing roofing materials of the restaurant. Site plan modification will require the property to be brought into compliance with current code requirements, such as landscaping. Relative to traffic generation, Palm Beach County Traffic Engineering in a letter dated September S, 2006, indicated the proposed addition would meet the Traffic Performance Standards of Palm Beach County. However, no building permits may be issued after the build-out date (2007). STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. Per Section 11.2.D., the Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and Bru's Room - COUS 05-009 Page 3 Memorandum No. PZ 06-184 welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to a current survey of the subject property, there are two (2) existing points of ingress/egress. The first existing access point is located at the southeast corner of the property, and provides direct vehicular access from Congress Avenue. This drive is shared with the bank parcel to the south, and runs in an east/west direction. The second existing access point is located at the southwest corner of the subject property, and provides inter-parcel access from the bank parcel to the south. This drive runs in a north/south direction and connects to the east/west drive off of Congress Avenue. Both driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment. No revisions are proposed to the subject property that would affect or alter the two (2) existing points of ingress/egress to the site. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. According to Chapter 2, Section 11.H.16.d.(1), restaurants, bars, cocktail lounges, dance halls, and all other eating or drinking establishments require one (1) parking space per two and one-half (2.S) seats, but not less than one (1) parking space per 100 square feet of gross floor area. The site plan tabular data (sheet A1.01) indicates the restaurant has 296 existing seats, including indoor and outdoor dining, as well as indoor and outdoor bar seats. A total of 33 seats are proposed in the new lounge area, which includes dining and bar seats. A total of 329 seats would be located on site, as further depicted on the new floor plan and seating plan (sheet Ext.1). Based on total number of seats (329), required parking would be 132 spaces. The site plan tabular data (sheet A1.01) indicates an existing restaurant area of 8,178 square feet, and a proposed addition of 77S square feet, for a total building area of 8,9S3 square feet. Based on gross floor area (8,9S3 sf), required parking would be gO spaces. The more restrictive calculation applies, therefore parking is based on number of seats and 132 spaces would be required. The site plan depicts 129 regular parking spaces and S handicap parking spaces, for a total of 134 parking spaces on site. Therefore, the existing parking spaces on site comply with the requirements and provide two (2) excess parking spaces. Per the owner, additional parking spaces for overflow parking are available nights and weekends on the office/bank site to the south if needed, through an agreement between the two (2) property owners. The parking area is landscaped along the north, east, and west property lines which will minimize noise and also glare from the headlights of patron's cars. Additional foundation plantings at varying heights around the building and dumpster, and large potted palms around the outdoor bar area would be provided and act as a vegetative sound barrier. The parking lot lighting fixtures are existing, and required to be designed to prevent glare and light spillage onto adjacent properties. The site plan meets the intent of the Code relative to compatibility and buffering, based on the landscaping, distance separation, and design characteristics. The multi-family residential development to the northwest is separated from the subject property by a canal. Additionally, staff has requested a professional sound study be performed to ensure sound levels leaving the site will be within tolerances defined within the Code of Ordinances (60 decibels between the hours of 7 AM Bru's Room - COUS 05-009 Page 4 Memorandum No. PZ 06-184 & 10 PM and SS decibels from 10 PM to 7 AM for exterior sound levels for receiving residential properties). Should ultimate sound measurements detect excessive levels, further mitigation will be required such as volume adjustments (see Exhibit "D" - Conditions of Approval). 3. Refuse and service areas/ with particular reference to the items in subsection 1 and 2 above. The site plan (Sheet A1.01) shows that the existing dumpster location is situated near the southeast corner of the building, near the outdoor bar area, and oriented in an east-northeast direction. The dumpster is screened with enclosure walls and landscaped, in accordance with Chapter g, Section 10.C.3 of the Land Development Regulations. The dumpster location is positioned in such a way as to facilitate the efficient removal of trash. The existing dumpster location is farthest away from the adjacent multi-family residential to the northwest, and will remain as is. 4. Utilities/ with reference to locations/ availabili~ and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are already available and currently in use for this location. S. Screening/ buffering and landscaping with reference to type/ dimension~ and character. The Site Plan (Sheet A1.01) states the proposed pervious area of the parcel equals 10,666 square feet or 1S% of the total site. The Landscape Plan (Sheet L-1) indicates that a total of 670 trees, shrubs, and groundcovers are either existing or provided on site. A minimum of SO% of plant materials must be native species. A total of 340 of the 670 (approximately Sl %) of the existing and proposed plantings would be native species. The existing landscape buffers along the north and west property lines contain Live Oak trees from 18 to 30 feet in height, with a row of either Viburnum or Cocoplum hedges three (3) feet in height. The applicant proposes to increase landscaping in areas around the building foundation, including the proposed addition, and on landscape islands where needed. 6. Signs/ and proposed exterior lighting/ with reference to glare/ traffic safe~ economic effe~ and compatibility and harmony with adjacent and nearby properties. The existing monument sign is located on a landscape island adjacent to Congress Avenue and will remain with required landscaping. The wall signage exists on the front of the building (east elevation) and faces Congress Avenue. All existing signage will remain, and no new signage is proposed on site. 7. Required setbacks and other open spaces. The existing building and the proposed addition would meet all minimum setback requirements of the C-3 zoning district. The code requires a minimum 20-foot front setback, and the site plan indicates a 75-foot setback is provided. A minimum side setback of 1S feet is required on one side and zero on the other. The site plan depicts approximate building setbacks of 82 feet to the north and 4S feet to the south. The code requires a minimum 20-foot rear setback, and the site plan indicates a setback of approximately 116 feet is being provided. The proposed building addition of 77S square feet would be located on the northwest corner of the building and would be set back 74 feet from the north property line and 116 feet from the west property line. Bru's Room - COUS 05-009 Page 5 Memorandum No. PZ 06-184 As noted earlier, the Site Plan (Sheet A1.01) states the proposed pervious area of the parcel equals 10,666 square feet or 1S% of the total site. The majority of the green space on the site is located in the seven (7) foot landscape buffers along the east and west property lines, and the eight (8) foot landscape buffer along the north property line, and the plantings along the foundation of the restaurant. Other green areas /open spaces occur within landscape islands in the parking lot. 8. General compatibility with adjacent property and other property in the zoning district. In general, the proposed building addition would be visually compatible with other existing buildings in the C-3 zoning district within the Congress Avenue corridor. The general design of the building addition utilizes the same type of building elements as the existing restaurant building (roof materials, brick, and color and paint selection for the trim of the building). A standing seam metal roof over the outdoor bar area would replace an existing canopy. The proposed roof would be the same Hunter Green as the existing roof on the restaurant. The maximum allowable building height in the C-3 zoning district is 4S feet. The building was designed as a one (l)-story structure, approximately 18 feet - 4 inches in height to the top of flat roof, and 21 feet to the top of the parapet wall which screens rooftop equipment. The mean height of the pitched roof is approximately 24 feet. The building would not exceed the district's maximum height limitations and would be compatible in comparison with the neighboring commercial properties. The traffic approval letter from Palm Beach County Traffic Division indicates that the proposed building addition would generate 84 new daily trips to the existing high turnover restaurant, with the peak hour trips being 7 PM during the busiest (rush hour) traffic times on Congress Avenue. The remaining compatibility issues pertain to the request for amplified music and involve compliance with the noise ordinance. In general, the proposed use of a nightclub with amplified music appears to be compatible with other uses in the C-3 zoning district within the Congress Avenue corridor. However, due to the late hours (10:00 p.m. to 1:00 a.m.) of the estimated performance times, the amplified music could negatively impact existing multi-family residential to the northwest (Savannah Lakes), as well as guests staying at the Holiday Inn to the north. Also, to the northeast across Congress Avenue, is mixed-use development of commercial and multi-family residential (Renaissance Commons), and proposed multi-family residential units have been approved to the east across Congress Avenue (Cortina at Boynton Village). Therefore, staff has requested detailed sound information, prepared by a profeSSional in the field, to demonstrate compliance with City code relative to noise (see Exhibit "C"). The applicant indicates the amplified music will be restricted to the interior of the enclosed building, and located on the south side of the building in the new lounge area. Per Sheet A2.01, the new lounge area is located between the proposed addition and the existing outdoor bar area, and includes a stage approximately six (6) feet in width by 14 feet in length, limiting the size of any performances. Per Section 11.2.D.13. of the Land Development Regulations, a conditional use request for a nightclub (amplified music) requires a detailed sound study as part of the evaluation of the request. An Ambient Sound Level Study prepared by REP Associates, Inc. was conducted to analyze the sound levels of the amplified music and determine its compliance with the City's Noise Ordinance. Sound tolerances defined within the Noise Ordinance are 60 dBA (decibels) between the hours of 7 AM & 10 PM and SS dBA from 10 PM to 7 AM for exterior sound levels for receiving residential properties. Per the Code, the maximum sound tolerance level from any applicable sound sources Bru's Room - COUS 05-009 Page 6 Memorandum No. PZ 06-184 shall not exceed the sound level limits by more than S dBA from 10 PM to 7 AM. A combination of sound levels were recorded simultaneously, both peak sound levels and frequency weighted noise exposures, specifically LlO readings. The LlO is the sound level exceeded for more than ten (10) percent of a measurement period that shall not be less than 10 minutes. The closest sensitive receiving land uses are to the north, northeast, and northwest of the subject property. REP recorded and evaluated sound levels with and without amplified music at three (3) receiving land uses (RLU's) as well as the perimeter of the site. RLU 1 was the multi-family apartment complex (Savannah Lakes) located to the northwest (across the C-16 canal), approximately 6S0 feet from the perimeter property line of the subject property. RLU 2 was the mixed-use development (Renaissance Commons) located to the northeast (across Congress Avenue), approximately 300 feet from the perimeter property line of the subject property. RLU 3 was the hotel (Holiday Inn) located to the north (across the C-16 canal), approximately 2S0 feet from the perimeter property line of the subject property. The results of the professional sound study conducted between the hours of 10 PM and 1 AM indicate measurements of amplified music which varied from SO decibels to 77 decibels, depending on location (off-site sensitivity zones, perimeter property lines, and outside main entrance to building and at outdoor patio area). The sound study results (see Table A of Exhibit "C") indicate compliance with the acceptable noise levels at the north, south, and west property lines. The LlO readings collected at the west and south property line during the playing of amplified music, with the west delivery door and the patio doors open, were below the LlO exterior sound level limit of 6S dBA, even though the LlO reading at the patio speaker (southeast side) was 77 dBA and the LlO reading at the main entrance (east side) was 73 dBA. The sound study determined these readings to be from a combination of sources (noticeable banging of front door when closing), and amplified music (from speakers in the outdoor patio area). The sound study results (see Table B of Exhibit "c'') indicate the LlO readings at all RLU locations, Savannah Lakes, and Holiday Inn, with and without amplified music, and the LlO reading at Renaissance Commons, with amplified music, were below the maximum of 60 dBA (for the exterior of residential structures). The LlO reading of the background sound (no amplified music, commuter traffic, and community noise) at Renaissance Commons was 61.S dBA, slightly above the maximum LlO of 60 dBA, with commercial traffic in the vicinity of the residential property. Out of a total of 20 readings at various locations, 12 readings were taken when amplified music was playing and 8 readings were of just background noise levels. Of the 12 amplified music readings, only two (2) readings (6-A, 6-B) exceeded the maximum acceptable noise levels. These readings were taken at the patio area from outside speakers and at the main entrance to the restaurant. Some of the higher decibel readings (Table A Sample 4-A and Table B Samples 2-A, 3-A, 4-A) exceeded acceptable sound levels during times of no amplified music. The sound study determined these readings to be from background noise due to excessive vehicular traffic and the site's close proximity to North Congress Avenue, an 88-foot, six-lane right-of-way. The profeSSional sound study recommends soundproofing measures to ensure that the live music is kept at an acceptable low level when heard off-site. The applicant proposes to minimize noise through the use of the following measures: (1) limited access (emergencies only) through the delivery door located on the south side of the building next to the stage area (deliveries will be received earlier In the day prior to live music); (2) utilizing the following construction materials for the proposed addition: block wall, acoustical ceiling tiles, metal deck and roof insulation, new ceiling Bru's Room - COUS 05-009 Page 7 Memorandum No. PZ 06-184 height of 12 feet, drywall with R-19 insulation, carpeting, and brick building exterior; (3) replacing doors which lead from the new stage / lounge area to the outdoor bar area with more soundproof doors which will be kept closed during performances as much as possible; (4) no speakers in the outdoor bar area; (5) placing speakers in the live music area at least 3 feet away from the wall; and (6) additional landscaping around building to provide a dense vegetative sound buffer (see Conditions of Approval). The sound study concludes that proposed site operations should not have an adverse effect on adjacent properties, and would be in compliance with the sound standards set forth in the Noise Ordinance. Should it be determined that additional mitigation measures are necessary, more restrictive measures can be implemented through additional conditions of approval. g. Economic effects on adjacent and nearby properties, and the city as a whole. Based on its distance to nearby residential properties, site buffering and landscaping, staff opines that there would be no negative effect on nearby properties, as specified by the professional sound study submitted. 10. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 11. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In many instances, a typical project may receive City approvals and if complaints were generated regarding the operational aspects of the business, Code Compliance would be asked to inspect the premises to determine if violations of the code exist, such as a noise complaint. When the City reviews a project not allowed by right, but a project listed as a Conditional Use, extra caution is exercised in the review to determine its compatibility with neighboring property and its operational characteristics are scrutinized. If additional information is required to help staff determine this compatibility and compliance with City codes, a request for the necessary data is made. In this particular case, staff has requested detailed sound information, prepared by a professional in the field, to demonstrate compliance with City code relative to noise and nuisances. The applicant has provided this information, which indicates the proposal will comply with the noise control ordinance. RECOMMENDATION Based on the information contained herein and the sound data required by staff and proVided by the applicant and their consultants, staff recommends that this request for conditional use / major site plan modification be approved subject to satisfying all comments indicated in Exhibit "D" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. s: \Planning\SHARED\ WP\PROJEcrs\Bru's Room\COUS\Staff Report.doc G~:r;0N ~~ 0~?-?-~ iJi'{,BE~ Rue ~~ :!; 0~~ ~ ~ ~Ie il'0B.Y.,i:I: (:) 1IZI8if.0R;Yo SITE ExhiBit A - Site LocationMap Bru's Room ,.... :.' €ATP.J.!INP'; '. >;c.' ~!. W r:r: Cl z o (:l . ::,..., " "'.: '<".:':': .,.' 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I i II i ill ~ 1'1'1 ~ I I I I ; 1 I j I I I I I I ! i i I I I I I I i i I II~' CD 0 . ~~ 0 '0 . 0 @ ~ I ~ I 0 ~ 0 . . @ 0 .. I - ~::""C')NtD""NC')"""~::2r88im-~N'5!;;;~~_1 ~ I : : : i . . ~ ~ . ; i ; ~ . ; . . . . . . j!: ~ i lfl ~ I I I . I I.. ~ I I I III ill II I ;;: 0 ~ I . [( I.: e~ (;) ~I@ I L ~ - - I ~ - .. - - I . I~ ! Iii ~ i · J E I . AMBIENT SOUND LEVEL STUDY Bro's Room Sports Grill 1333 North Congress Avenue Boynton Beach, Florida Prepared for Mr. Robert Brodzinski c/o . Charles Putman & Associates 4722 NW Boca Raton Boulevard Boca Raton, Florida 33432 Contact: Ms. Toni Ash Phone: (561) 994-6411 ) Prepared by REP Associates, Inc. 11825 NW 100111 Road Medley, Florida 33178 , Contact: Teresa A. Thomas Telephone: (305) 279-5255 REP Project Number 2396.01.02 October 13, 2006 . 1. INTRODUCTION The subject facility is the Bru's Room Sports Grill located at 1333 North Congress Avenue, Boynton Beach, Florida (Site). The proposed project consists of a 775 square foot (sf) building addition to the northwest comer of the existing structure. The new addition will be utilized for storage purposes. The musical entertainment room will be relocated to the interior of the existing building. See Figure I. The musical entertainment could be a disc jockey (DJ), a single musician, or a full band with string and percussion instruments. Currently, the Brq's Room Boynton Beach location has amplified music with ajukebox.. The purpose ofREP's study was to determine compliance with the required analysis of conditional use application for bars, nightclubs, etc. Multi-family dwellings are located to the northwest and to the northeast. A Holiday Inn is north of the Site. A Wachovia Bank is south of the Site. A lake and the Boynton Beach Mall are southwest of the Site. The Site is in a busy, highly traveled area with multiple restaurants and bars. REP evaluated sound levels at three receiving land uses (RLU) as well as the perimeter of the Site. ]. The multifamily apartment complex located to the northwest, approximately 650 feet (ft) from the Site's property perimeter 2. A property with mixed use of commercial/retail and multifamily apartment complex located to the northeast, approximately 300 ft from the Site's property perimeter 3. The Holiday Inn property perimeter 250 feet ft north of the Site property line North Congress Avenue, a six (6) lane thoroughfare (approximately 88 ft wide), separates the Site from RLU 2. Two buildings (approximately 15 ft tall), trees (approximately 30 ft tall) and general hedge row landscape buffers (approximately 4.5 ft tall) as w~1I as a 130 ft wide canal separate the Site from RLU 1 and 3. Additionally, there are a total of 18 potted palms (approximately 6.5 ft tall) located along the south patio perimeter and a 10 ft tall dumpster enclosure southwest of the patio that offer a nOise barrier to the south and southwest. There are three doorways into the building. The main entrance is located on the east side of the building; the patio entrance is on the south side, and the delivery entrance is on the west side. The west delivery door is utilized during the day. Nighttime access is strictly limited to emergency use only. The delivery door is secured from the outside and controlled from the inside with an emergency push bar apparatus. . Vehicular access to the Site is from North Congress Avenue. Appendix A, Figures 1, presents a Site Plan with sample locations and surrounding land uses. Appendix B presents Photographic Documentation. Ambient Sound Level Study Bru's Room Sports Grill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28, 2006 Page I . 2. APPLICABLE ORDINANCES Sections 15-8 through 15-8.8 shall be cited by the short title of "The City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16 H 2,3-19-85). Ord No. 85-1Q f1, 2, adopted Mar. 19, 1985, provided/or the repeal of f 15-8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as f 15-8 - 15-8.8 to read as herein set out. Formerly, 915-8 was derived from the 1958 Code, f 17-22.2, and Ord No. 82-12, f adopted May 18, 1982. 3. SOUND TERMINOLOGY AND CHARACTERISTICS S01md level means the weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified for sound level meters. For the purposes of this assessment, sound levels are A-weighted. A-weighted sound level means the sound pressure level in decibels (dB) as measured on a sound level meter using an A-weighting network and designated as dBA. Decibels describe the amplitude of sound and are logarithmic rather than linear. For example, 70 dB plus 70 dB equals 73 dB and not 140 dB. The human ear does not "hear" all sounds identically and people respond more readily to sounds in the middle to high frequencies. The A-weighted scale most closely mimics the human ear's response to sound. One decibel has been determined to be the lowest sound level perceived by the human ear in laboratory conditions. Increases of less than three (3) - dBA are generally not noticed in a typical community since 3 dBA is the smallest increment at which the human ear perceives any change. The sound level meter/dosimeter was set at a 3dB exchange rate. J Without any barriers (buildings, vehicles, landscape, and walls) between the source and the human ear, the sound detected by the human ear is decreased by six (6) dB as the distance from the source doubles. Because sound levels fluctuate considerably, REP uses various statistical descriptors for measuring and calculating sound levels. The Ll 0 is the sound level exceeded for more than ten (10) percent ofa measurement period that shall not be less than 10 minutes. Peak. measurement (L peak) is the peak sound,level detected in any 1/16-second interval and is equivalent to an impulsive sound and the Lmax is the maximum sound level from any applicable sound source. Ambient Sound Level Study Brn's Room Sports Oril~ North Congress Ave. Boynton Beach, FL REP Project No. 2396_01.02 Date of Study: Scpternber 28, 2006 Page 2 . 4. METHODOLOGY Section 15-8.8 establishes that no person shall operate or cause to be operated any source of sound as enumerated in section 15-8.6 in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (I 0) percent of any measurement period. That period shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. REP used accepted Industrial Hygiene practices and ASTM Standard E1780-96 (measurement and evaluation of community noise) for this study. The closest sensitive receiving land uses are to the north, northeast, and northwest. Figure 1 included as Appendix A denotes sample locations at the Boynton Beach Site. Noise dosimetric testing was conducted using a CEL Model 360 Noise Dosimeter. The CEL-360 Noise Dosimeter measures frequency weighted noise exposures and peak sound levels simultaneously. LIO readings were collected over a 100minute sample period. The instrument was programmed with the following settings: Measurement range: Frequency: Time Weighting: Amplitude Weighting: 50-120 dB A Fast 3 Peak Frequency Weighting: Frequency Weighting: LN%A: LN%B: LN%C: .i Profile Interval: Profile I: Profile 2: Profile 3: Linear A LtO L50 L90 1 minute Lavg Leq Lrnx The calibration of each CEL-360 was verified prior to-and-following the test periods using a CEL Model 282 Acoustic Calibrator. The CEL-282 acoustic calibrator is a single frequency calibrator that generates 114 dB SPL at 1000 Hz. REP representatives. Teresa Thomas and Cristina Abboud, collected data at the Site on September 28, 2006 between the hours of 10:00 PM and 1 :00 AM. Simultaneous L1 0 readings were collected with and without the amplified music (background) at the south and west property perimeters with the south patio doors and the west delivery door left open, and outside the sound source at the south patio and at the main entrance. Ambient SOImd Level Study Bm's Room Sports Orill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28, 2006 Page 3 . The sample locations were the property perimeter to the north, south, east, and west and at the property perimeter closest to RLU 1 to the northwest, RLU 2 to the northeast, RLU 3 to the north, and east across Congress Avenue. REP selected these locations based on the potential impact of the existing bar/nightclub to the nearest receiving land uses or sensitive zones. REP also sampled at the Bru's Room Sports Grill location in Delray Beach to evaluate the sound generated by a band in a setting similar to the Boynton Beach site. A band plays on Friday and Saturday nights between the hours of 10:00PM to 1 :00 AM. The band had a vocalist and percussion/string instruments. TheLlO readings were collected on August 12,2006. 5. SOUND EMITTING DEviCES The data on the sound emitting devices/equipment to be utilized by the respective musical entertainment is dependent on the entertainer(s). InstaIled and in use at the Site during this study are two types of speakers - the JBL Control 28 and the JBL Control SB2. The JBL Control 28 offers high power performance band width and sensitivity in a compact, full range speaker with an 8" low-frequency woofer and 1" titanium-coated tweeter. The SB2 features hybrid load bafflelband pass design. This single speaker functions as the subwoofer section of left/right music systems. Currently there are 8 speakers and 4 woofers located at the south patio. The speakers on the south patio will broadcast music from the jukebox. The new musical entertainment room specifies 6 speakers. The speakers at the south patio will not broadcast music from the inside musical entertainment area. 6. CONSTRUCTION MATERIALS J The intended use for the proposed addition is storage and an existing food preparation/storage area within the interior of the site win be renovated for the musical entertainment. The proposed entertainment room is constructed of block wans on all sides. The renovation of the room will incorporate existing building materials (acoustical ceiling tiles, metal deck, and roof insulation). The new ceiling height will be raised from 8 ft to 12 ft. The existing wall construction consists of sheetrock on both sides of 6-inch metal studs, 2-inch airspace, and R - ] 9 insulation. There is a 4- inch brick veneer on the exterior of the building. Ambient SolUld Level Study Bru's Room Sports Gril~ North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28, 2006 Page 4 . 7. SUMMARY OF SAMPLE RESULTS The L10 readings from the Ambient Sound Level Study are tabulated in Table A and Table B. Table A presents the Site commercial property line data and applicable code. Table B presents the exterior residential property line data and the applicable code. REP selected the time frame of 10:00 PM to 1 :00 AM as these are the proposed hours of the live entertainment at the Site. Section 15-8.8 (b) Boynton Beach Code, lists exterior sound level limits for LIO Sound Levels as follows for the receiving land uses: Exterior Residential Exterior Commercial (Site) 55 dBAfrom 10:00 PM to 7:00AM 65 dBA At all times c) Maximum sound level limits. The Maximum sound level from any applicable sound sources shall not exceed the L 10 sound level limits by more than the values listed below: 5 dBAfrom 10:00 PM to 7:00AM The LIO readings collected at the west and south property perimeter with the west delivery door and the patio doorS open and with amplified music were below the LIO exterior sound level limit of 65 dBA (53 dBA and 61.5 dBA respectively); even though the L 10 reading at the Patio speaker was 77dBA and the LI 0 reading at the main entrance (east side) was 73 dBA. The LIO readings at RLU 1 (multi-family apartments) and RLU 3 (Holiday Inn) with and without amplifIed music and the LIO reading at RLU 2 with amplified music were below the maximum LlO of 60 dBA for the exterior of residential structures. The LlO reading at the Sensitive RLU 2 during the background (no amplified music, commuter traffic, and community noise) sampling event was 61.5 dBA, slightly above the maximum L 10 of 60 dBA, with commercial traffic in the vicinity of the residential property. The LIO reading recorded at the Delray Beach location before the band began was 66 dBA at the source. The LlO reading increased from 66 dBA to 67 dBA adjacent to the open door once the band (vocalist and percussion/string instruments) began to play, and decreased to 58 dBA at the property line 240 ft away from the source. Ambient SOlDld Level Study 8m's Room Sports Gril~ North Congress Ave. Boynton Beach. FL REP Project No. 2396.01.02 Date of Study: September 28, 2006 Page S . TABLE A SUMMARY OF LiD DATA EXTERIOR COMMERCIAL SAMPLE POINTS The weather was warm, clear, with little to no wind. 2-A 3-A 4-A 4-B 6-A Note: 1) 2) I-A Exterior Commercial-Site south ro erimeter Exterior Commercial-Site south ro . ter Exterior Commerclal-Site west ro erimeter Exterior Commercial-Site west ro e . eter Exterior Commerclal-Site north ro Exterior Commercial-Site north erimeter Exterjor Commerclal-Site east property perimeter at Con Avenue Exterior Commercial-Site east property perimeter at Con Avenue Exterior Commercial-Site South property perimeter with .0 doors 0 n Exterior Commercial-Site west property perimeter with deliv door 0 en Background Amplified music ) Background Amplified music la Background Amplified music I n Background Amplified music playing Amplified music playing Amplified music . playing Noise source - speaker Amplified music la in 56.5 dBA 61.0 dBA 50.5 dBA 51.5 dBA 5 J.5 dBA 50.5 dBA 77.0dBA 63.5 dBA 6L5dBA 53.0 dBA 77.0 dBA Note 1 73.0 dBA Note 1 and 2 For reference of noise with amplified music Noticeable "banging" of the door when closing. 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA 65 dBA Maximum 70 dBA I-B 2-B 3-B 5.A 5-B Patio area 6-B Main entrance (east) Ambient Sound Level Study Bru's Room Sports Grill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28,2006 Page 6 . TABLE B SUMMARY OF Ll0 DATA EXTERIOR RESIDENTIAL SAMPLE POINTS The weather was wann, clear, with little to no wind. I-A Exterior Residential RLU I northwest of canal 650 ft from the Site perimeter. l-B Exterior Residential RLU I northwest of canal 650 ft from the Site . eter Exterior Residential RLU 2 northeast of canal 300 ft from Site . eter. Exterior Residential RLU 2 northeast of canal 300 ft from Site erimeter. Exterior Residential RLU 3 north of canal 250 from Site erimeter Exterior Residential RLU 3 north of canal 250 ft from Site erimeter Exterior Residential Vacant lot directly east across Congress A venue and south ofRLU 2-200 ft from Site erimeter Exterior Residential Vacant Jot directly east across Congress Avenue and south ofRLU 2-200 ft from Site erimeter 2-A 2-B 3-A 3-B 4-A 4-B Less than equipment 55 dBA Background measurement Maximum 60 dBA range (50 dBA) Amplified 54.0 dBA '55 dBA music playing Note I Maximum 60 dBA Background 61.5 dBA 55 dBA Note 2 Maximum 60 dBA Amplified 53.5 dBA 55 dBA music playing Maximum 60 dBA Background 57.0 dBA 55 dBA Note 3 Maximum 60 dBA Amplified 57.0 dBA 55 dBA music playing Note 3 Maximum 60 dBA Background 69.0 dBA 55 dBA Note 4 Maximum 60 dBA Amplified music playing 54.5 dBA 55 dBA Maximum 60 dBA Notes: J) RLU J a tractor trailer pulled outo the Residential Property and a small motor boat passed on the canal during the second sample period. 2) RLU 2, vehicular traffic associated with the adjacent retail shops moved in and out of the parking lot area primarily during the first sample period. 3) RLU 3, several loud vehicles with music moved in and out of the parking lot area duriug both sample periods. 4) The noise level recorded during the 4A sample period can be contributed to excessive vehicular traffic along Congress Avenue. Ambient Sound Level Study Bill'S Room Sports Grill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28,2006 Page 1 . 8. RECOMMENDATIONS REP recommends using only the patio doors on the south side of the building for access to the entertainment area (administrative control) and adjusting the main entrance door to eliminate the "banging" when closing. In addition to the above recommendations, the sound heard at the receiving land uses and outside the building from the live indoor entertainment can be controlled and/or modulated by not propping doors open; by using sound absorbing doors; by incorporating engineering controls into the entertainment area such as interior acoustical ceiling panels for broad-band noise and other sound absorbing building materials (carpet, drywall, and wall coverings) and by placing the band, speakers and amplifiers at least 3 feet away from walls. Therefore a combination of the administrative controls and building finishes and other sound treatment products inside the entertainment area will either keep the sound or absorb the sound inside the building reducing the reflection of sound and subsequent "noise" heard outside the building. J Ambient Sound Level Study Bru's Room Sports Grill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 Date of Study: September 28, 2006 Page 8 . 9. CONCLUSIONS The addition and the proposed entertainment at the Site will not have an adverse effect on humans nor will it unnecessarily disturb enjoyment of life or property based on distance separating the Site from residential sensitive zones. Bru's Room Sports GrilJ will be in compliance with the sound standards set forth in the City of Boynton Beach Noise Ordinance between the hours of 1 0:00PM to 7:00AM. As it appears the conditional use permit should be approved. All LIO readings recorded at the Site property lines did not exceed the LIO sound criteria of 65 dBA with or without amplified music except for the Ll 0 background reading at the east property perimeter along Congress Avenue was 77 dBA with no amplified music. This is a heavy traffic area. A band may increase the L10 at the entrances to the Site by I to 2 dBA. This 1 to 2 dBA increase will not be noticeable 250 to 650 ft away at the receiving residential land uses because as the distance doubles between the noise source and the receiving land uses, the sound detected by the human ear will decrease by 6 dB. This was confirmed by a decrease in Ll 0 from 67 dBA at the Delray Beach location outside the door while the band was playing to 58 dBA at the property line 240 feet away. The numerous trees and some structures between the Site and the canal will absorb or reflect sound. The sound will travel over the trees and structures, losing the ground effect from the canal or lake. The data collected during the sampling event supports this conclusion. Incorporating our recommendations for a combination of administrative controls and building finishes into the construction of the entertainment area will minimize <<noise" heard outside the entertainment area. The normal opening of doors for people to enter and leave the establishment during these hours will not create sound disturbances or unnecessary noise. J 10. CLOSING REP Associates, Inc. appreciates the opportunity to provide industrial hygiene services and assist you in obtaining your conditional land use approval. Contact our offices at 305/279-5255 or 561/627-18]0 with any questions, Prepared by, REP Associates, IDe. Approved For Release: REP Associates, IDe. ~~ Teresa A. Thomas Project Manager I(~-k~ Karen M. Meyer, CIH Vice President Ambient Sound Level Study Bru's Room Sports Grill, North Congress Ave. Boynton Beach, FL REP Project No. 2396.01.02 ' Date of Study: September 28, 2006 Page 9 . APPENDIX A FIGURE . o III 1;; [t] LLI ::J C"oI ~ ~ l!! l:l Ii zC!jq ~ ~ 8 I!: ~-o ~;. 0::' Kl ~ ~ i ~ D.. ~~~~ ! i i i~ i <( 8!3~ . ~ Ii I :::::E o::zuo LSZ ~ ~ ~ ~~ ~ I!: a 0 III UJ ,!Il 8 CIH- ~; It !:: ::J U O::~ZLLl J ~ ~ ~f : g [BJ~ (f) m 0(3 o~o:: ~~ I Z n.. I@~<l*_ nOn.. nmLLl n 0:: l~ ~181"" ! 9 J~J I _ CONGRESS AVENUE MEDIAN CONGRESS AVENUE- ~~ . . . ::E::l ~Ojj; . Z~Cl ~~ ~lfl~ . ~~~ . ~lfl . ~ ., 3 . S z " ::!:; ?< 181 . 0 ~ ~ ::J 0 . :r: . -"-lJl -;:- -~~. 3 S ~~ -.- ~ ~ ~ ~~ ~ ~ 5 ... :::> I~ ~ ::Ii ~~ /181 ~ G ..- ...J ~ '" ~>< :r:i ~ 181 r-- ~ .!!:. ~ o I:: o '--- ~~ JJl . APPENDIX B PHOTOGRAPHIC DOCUMENTATION Bru's Room-east entrance Hotel located to the north- existing trees and general landscaping e- ASSOCIATES, INC: ENVIRONMENTAL SCIENTISTS. ENGINEERS 8< PLANNERS Northwest corner of Site- existing structures, trees and general landscaping South patio area Qlleot: 8rtl,';s:RQQm .1c.:.~Cl)ogre$S Ave Southwest corner of the building West property perimeter Bru's Room property from the northwest sensitive zone e. - ASSOCIATES, INC: ENVIRONMENTAL SCIENTISTS. ENGINEERS &. PLANNERS Qli~.nt: , E3r~'s,l,:h>:qm ~QJ:Jdiqn. 1~3<~Qrtb;CC)ngress Ave REP::Rt!'f:23"-6io1'io2 . :tiit~I~f:i:Plc.:d$~iii2QD6 View of the secured delivery located on the west of the building. e. - ASSOCIATES, INC: ENVIRONMENTAL SCIENTISTS. ENGINEERS &. PLANNERS View of the kitchen area that will be converted to the Entertainment area. c;l~~nt: B~"'!$FJP9m ~9,Q~1~Qn: 1~~,'~,()rtflC(jngre$s Ave REP,tR~f: 2396:01~02 . D~~:~fplo.:. o~jiiflQ(j6 EXHIBIT "D" CONDITIONS OF APPR{)V AL Conditional Use / Maior Site Plan Modification Project name: Bru's Room File number: CODS 05-009 / MSPM 06-004 Reference: 3rd1review plans identifIed as a Major Site Plan ModifIcation with an October 10, 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 2. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: Conditions of Approval Bru's Room COUS 05-009 / MSPM 06-004 Page 2 DEPARTMENTS INCLUDE REJECT 3. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 5. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 6. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 7. The owner shall include the following measures to maintain the noise level of X the amplified music at an acceptable level: . limited access (emergencies only) through the delivery door located on the south side of the building next to the stage area (deliveries will be received earlier in the day prior to live music); . utilizing the following construction materials for the proposed addition: block wall, acoustical ceiling tiles, metal deck and roof insulation, new ceiling height of 12 feet, drywall with R-19 insulation, carpeting, and brick building exterior; . replacing doors which lead from the new stage / lounge area to the outdoor bar area with more soundproof doors which will be kept closed during Conditions of Approval Bru's Room COUS 05-009 / MSPM 06-004 Page 3 DEPARTMENTS INCLUDE REJECT performances as much as possible; . no speakers in the outdoor bar area; . placing speakers in the live music area at least 3 feet away from the wall; and . providing additional landscaping around building to provide a dense vegetative sound buffer (large potted palms to line the exterior of the outdoor bar area, and additional foundation landscaping of varying heights as proposed on the landscape plan presented). 8. If sound levels of the amplified music are ultimately measured to exceed X sound limitations of the code, the owner or operator will either reduce the amplification level to comply with city sound limits, or apply additional sound mitigation measures to accomplish same. Sound readings would be taken by city personnel certified in using a sound level meter. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS To be determined. MWRJkz S:\Planning\SHARED\ WP\PROJECTS\Bru's Room\COUS\COA.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 06-183 TO: FROM: Janet Prainito City Clerk Michael W. Rumpf ~~ Director of Planning and Zoning DATE: October 10, 2006 SUBJECT: Bru's Room CO US 05-009 MSPM 06-004 Accompanying this memorandum please find the proposed advertisement and cover form for the above-referenced application. Application fees for staff processing and review have been forwarded to the Finance Department. The legal advertisement has been prepared for the Planning and Development Board hearing on October 24, 2006, and the City Commission Public Hearing on November 21, 2006 and will be forwarded to your office after review by the City Attorney. TO TfLe- CiiyC0u-K l QJ-rur . ~~__ MWR:sc Attachments YlO SIPlanningISHAREDlWPIPROJECTSIBru's RoomlCOUS 05.009ILGLNOTICEF _.. C?d- ...:-Ll_,.~. . ~ ;::-~~o _ _._--fO st NJ.,rl f t<~ h'f'~ NOTICE OF PUBLIC HEARING Charles Putman of Putman & Associates, agent for Bru's Wings, Inc., owner, has requested the following parcel to be considered for Conditional Use and Major Site Plan Modification approval. Location: Bru's Room Sports Grill, 1333 North Congress Avenue Legal Description: On file in the Office of Planning and Zoning Proposed Use: Request for Conditional Use approval for a nightclub (amplified music), and a Major Site Plan Modification for a proposed building addition of 775 square feet to Bru's Room Sports Grill, on 1.68 acres in the C-3 (Community Commercial) zoning district. PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE TO BE HELD BY THE PLANNING AND DEVELOPMENT BOARD ON TUESDAY, OCTOBER 24, 2006, AND THE CITY COMMISSION ON TUESDAY, NOVEMBER 21,2006, AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA BOTH AT 6:30 P. M., OR AS SOON THEREAFTER AS THE AGENDA PERMITS. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: OCTOBER 14, 2006 The Post S:IPlanningISHAREOIWPIPROJECTSIBru's RoomlCOUS 05-009ILGLNOTICEREV,doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planninq and Zoninq Division PREPARED BY: Michael Rumpf DATE PREPARED: October 10.2006 BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use and Maior Site Plan Modification approval for Bru's Room Sports Grill in a Community Commercial (C-3) zonina district. Hearinq dates of October 24, 2006 for the Planninq and Development Board and November 21.2006 City Commission meetinq. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: Newspaper, applicants and Planninq and Zoninq Director. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: October 14. 2006 APPROVED BY: (1) (~it!ro~ /C:> - (!'- 06 (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:IPlanninaISHAREDlWPIPROJECTSIBru's RoomlCOUS 05-009ILGLNOTICEREV,doc Oct 1(j 06 ~:37p Charles Putman 561-Q~4-044 7 p.1 FAX COVER Charles putman & Associates, Inc. LAND DEVELOPMENT CONSULTANTS PLANNING. ZONaNG . PERMITTING 4722 NW Boca Raton Boulevard. suite C106 Boca Raton, Florida 33431 Telephone (561) 9M-6411 Fax (561) 994-0447 October 10,2006 To: Kathy Zeitler Fax: 5611742-6259 From: Toni Pages: 3 Re: Bru's Room Please call to discuss. Thanks Oct 10 06 ~:37p Charles Putman 561-994-0447 p.2 -'-"-"---.---.-----l -".-.".-- . - --.--' -.--.- -..-..-.-....-. -"---'- -- .----- ----- I . I I I I I i I I I o ~ W .. () CC - I- o Z (9 Z - 0:: <C w :c () - -.J CO :::> a. I I I I \ \ \ I i I \ \ I I \ \ .. o C\J I. . . Q) E .- ..- "'0 "- CO o m o o . . r--- . . Q) E .- I- Z o - ~ WQ cn~ :::>0 -10 <C~ Zz Q::s t=a. Ow z..- 0- om +J C Q) (C (CEo 00.0 o.Q N N Q) .. c: > ~ 0 .. Q) N.- ~ 0 o::.~ en O::~WE 5 wC)mE+:i a:lc~O co O.c w () g ..-c>~a. ().!Q o~ a. oo..zo<C "I- o Q) a. ~ ..- . . (/) .sa to o L.__ ___.________ ----.- ---' \ I I I I I I I I t I I I I _J ._.__, _......_M .-..-..--.'-'- ---.-. --- .-.-----.--.--------.---.---.--.--- ,,-.... () - en ::> :EZ oQ wI- u:e -0 ([<( ~C> <Cz ........" - m9 ::::>- -I:=) om .....'+- J:0 (!)LO - "- Zr--- . . Q) en :=) "'0 <D (/) o c. e a.. ... 1f) ......-t ..J -I <( J: ~ - () .. en a:: w mo :E~ <(m J: oz zO 01- _Z cn>- eno -m ~I- :ECI) 0<( Ow >-0 1-0 -"'C"""" <J . . c: o +:i Cl3 o o -I I- Z W ~ D- O -I W > W Q LL o I-Lt) ZCO w~ ~N I-~ ~t-- <(,,-.... a..."'C"""" w~ 0'-'" \ \ I \ I I . . c o ~ Cl3 E '- .e c - ~\ Oct ~o 06 Q3:37p Charles Putman 561-994-0447 p.3 NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a Public Hearing, on Tuesday, October 24, 2006, at 6:30 p.m., to hear a request for a Conditional Use Approval for a nightaub (amplified music) and a Major Site Plan Modification for a building addition of 775 .....e feet to Bru's Room Sports Grill on 1.68 acres in the C-3 zoning district. as subn.lted by Charles Putman agent for Bob Brudzinski, 8ru's Wings, Inc. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also conduct a Public Hearing to consider this request on Tuesday, November 21, 2006, at 7:00 p.m., or as soon thereafter as the agenda permits. Both meetings to be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. . Location: 1333 North Congress Avenue . Legal Description: On file in Office of Planning and Zoning Nightclub (ampHfIed music) and a 775 square foot bulding addition. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedingS and for such purpose may need. to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is 10 be based. . Proposed Use: The City sha" furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefi1s of a service. program or activity conducted by the City. Please contact Patricia Tucker (561) 7 42~268 at least twenty-for (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: Odober 24, 2006 The Post .'jl' . Oct 1t1 06 11 :44a Charles Putman FAX COVER October 10, 2006 To: Kathy Zeitler From: Toni Re: Bru's Room Sample Sign 561.894-0447 p,1 Charles Putman & Associates, Inc. LAND DEVELOPMENT CONSULTANTS PLANNING. ZONING. PERMITTING 4722 NW Boca Raton Boulevard, Suite C106 Boca RatOn, Florida 33431 Te'ephone (561) 994-6411 Fax (561) 994-0447 Fax.: 561/742-6259 Pages: 2 Please call regarding the attached. ~ , { ON ( / P [Qtts-€- Q. e... prDpD <;.LJ . H V>S; () J0S -1-6 cLrtL+ /-. ~I OJ t-J ~ I!/L fJvt0 k:, S I }L. a1J1Aj < Oct i"S 06 11:44a Charles Putman ---------- - i \ ! I I \ ~ I I I I I I I I I I I ~-_.-..- ---.---.-- :J cr .., 3 Q) ..... -. o :J . 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I I I \ I I \ I I I I I I -- ~ -.. -- --. -- .~ TRANSMISSION VERIFICATION REPORT TI~E NA'v1E FAX TE'_ SE~.# 01/25/2002 19:13 PLANNING 5617426259 BROL3J876851 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/25 19: 12 91561994044733926 00:00:28 02 OK STANDARD ECM Oct 10 06 01 :44p Charles Putman 561-994-0447 p.1 FAX COVER Charles Putman & Associates, Inc. LAND DEVELOPMENT CONSULTANTS PLANNING. ZONING. PERMITTING 4722 NW Boca Raton Boulevard. Suite C106 Boca Raton, Florida 33431 Telephone (561) 994-6411 Fax (561) 994-0447 October 10, 2006 To: Kathy Zeitler Fax: 561/142-6259 From: Toni Pages: 2 Re: Bru's Room Public Notice Letter Please review & call or send back with any mark ups ( ON; p (X~~ Se-.c. P'0/~OSQ-J O~VI<;( 0-10<;.~ NC+(' ~. ---rT"LCLN Ie- S I ~tl~ Oct 10 06 01 :44p Charles Putman 561-~94-0447 p.2 1b-10~\ ?J~ s ;.:c~ e.-- - it tJ l . L~~e [ub . '\ \j)\.,.)~ C I)Yvt i +-1 ~d yYlU:Sl ,,) . WJ'-? NOTICE OF PUBLIC HEARING '()NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a Public Hearing, on Tuesda 0 ber 24, 2006, at 6:30 p.m., to hear a request for a Conditional Use Approval to iAdeer live Music and a Major Site Plan Modification for a building addition of 775 square feet ru S oom orts Grill on 1.68 acres in the C-3 zoning district, as submitted by Charles Putman agent for. The City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will also conduct a Public Hearing to consider this request on Tuesday, November 21, 2006. at 7:00 p.m., or as soon thereafter as the agenda permits. Both meetings to be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. . Location: 1333 North Congress Avenue · Legal Description: On file in Office of Planning and Zoning fi'tJ ~ tb frTf-~1 vJc, t,4.~ fI -J:-; e d V'VU:ZS,l c- · Proposed Use: ./l. 775 equ8M foot addition to 8ru's Rn?m iA the-- .C 3 (cemm..," '"CgAU:Re~iaQ ZOf'if'9 oi&tr19t. tJ-- toL-t..; ( I ^" t1 0.... d d (+( o;J . All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-for (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DtVISION (561) 742-6260 PUBUSH: October 24. 2006 The Post .. TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEI_ SER.# 01/25/2002 21:04 PLANNING 5617426259 BROL3J876851 DATE,TIME FAX NO./NAME DURATION PAGE{S) RESULT MODE 01/25 21:04 91561994044733926 00:00:42 02 OK STANDARD ECM