REVIEW COMMENTS
7.A.2
BRU'S ROOM (MSPM 06-004)
MAJOR SITE PLAN MODIFICATION
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 ~
Planner
DATE:
October 17, 2006
PROJECT:
Bru's Room / COUS 05-009, 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 "A")
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 775 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 55%) and the remainder of sales from
alcoholic beverages (bar 45%). 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 775 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 5, 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 1l.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 wi/I 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 (2.5)
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 775 square
feet, for a total building area of 8,953 square feet. Based on gross floor area (8,953 sf), required
parking would be 90 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 5 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
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Memorandum No. PZ 06-184
& 10 PM and 55 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 9, 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, availability, 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.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The Site Plan (Sheet A1.01) states the proposed pervious area of the parcel equals 10,666 square
feet or 15% 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 50% of plant
materials must be native species. A total of 340 of the 670 (approximately 51%) 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 safety, economic effect, 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 15 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 45 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
775 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
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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 15% 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 45 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'j.
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 1l.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 55 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
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Memorandum No. PZ 06-184
shall not exceed the sound level limits by more than 5 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 650 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 250 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 50 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 65 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 61.5 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.
9. 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.
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AMBIENT SOUND LEVEL STUDY
Bru's Room Sports Grill
1333 North Congress Avenue
Boynton Beach, Florida
Prepared for
Mr. Robert Brudzinski
c/o
Charles Putman & Associates J
4722 NW Boca Raton Boulevard
Boca Raton, Florida 3;3432
Contact: Ms. Toni Ash
Phone:(561)99~11
Prepared by
REP Associates, Inc.
11825 NW 100th 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 1. The musical entertainment could be a disc jockey (DJ), a single musician, or a full band
with string and percussion instruments. Currently, the B~'s Room Boynton Beach location has
amplified music with a jukebox. The purpose of REP'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~1l 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 tan) located along the south patio perimeter and a lOft 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 mside 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 ] 5-8.8 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. 85-1~ ~1, 2, adopted Mar. 19, 1985, providedfor the
repeal of ~ 15-8, noise, and enacted in lieu thereof new provisions relative to the same subject
matter, designated as 9 15-8 - 15-8.8 to read as herein set out. Formerly, 915-8 was derived
from the 1958 Code, ~ 17-22.2, and Ord. No. 82-12, ~ adopted May 18,1982.
3. SOUND TERMINOLOGY AND CHARACTERISTICS
Sound 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 LlO is the sound level exceeded for more than ten
(10) percent of a measurement period that shall not be less than 10 minutes. Peak measurement
(L peak) is the peak sound.level detected in any 1116-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
Bm's Room Sports Grill, North Congress Ave. Boynton Beach, FL
REP Project No. 2396.01.02
Date of Study: September 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 (10) 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 EJ 780-96 (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. L 10 readings were collected over a 10-minute 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
LIO
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 I 14 dB SPL at I 000 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 I :00 AM. Simultaneous LJ 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 Sound Level Study
8m's Room Sports Grill, 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 IO:OOPM to 1 :00 AM. The band had a vocalist and
percussion/string instruments. TheLIO readings were collected on August 12, 2006.
5. SOUND EMITfING DEviCES
The data on the sound emitting devices/equipment to be utilized by the respective musical
entertainment is dependent on the entertainer(s). Installed 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 I" titanium-coated tweeter. The SB2 features hybrid load
baffle/band 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
.i
The intended use for the proposed addition is storage and an existing food preparation/storage
area within the interior of the site will be renovated for the musical entertainment. The proposed
entertainment room is constructed of block walls 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-19 insulation. There is a 4-
inch brick veneer on the exterior of the building.
Ambient Sound 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 4
.
7. SUMMARY OF SAMPLE RESULTS
The LlO 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 LlO 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 Ll 0 exterior sound level limit
of 65 dBA (53 dBA and 61.5 dBA respectively); even though the Ll 0 reading at the Patio speaker
was 17dBA 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 LI 0 reading at RLU 2 with amplified music were below the
maximum Ll 0 of 60 dBA for the exterior of residential structures. The Ll 0 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 Ll 0 of 60 dBA, with
commercial traffic in the vicinity of the residential property.
The Ll 0 reading recorded at the Delray Beach location before the band began was 66 dBA at the
source. The LI 0 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 Sound Level Study
Bm's Room Sports Grill, North Congress Ave. Boynton Beach, FL
REP Project No. 2396.01.02
Date of Study: September 28, 2006
Page 5
.
TABLE A
SUMMARY OF LIO DATA
EXTERIOR COMMERCIAL SAMPLE POINTS
The weather was warm, clear, with little to no wind.
I-A Exterior Commercial-Site Background 56.5 dBA 65 dBA
south ro erimeter Maximwn 70 dBA
I-B Exterior Commercial-Site Amplified music 61.0 dBA 65 dBA
south ro erimeter I n Maximum 70 dBA
2-A Exterior Commercial-Site Background 50.5 dBA 65 dBA
west ro e erimeter Maximum 70 dBA
2-B Exterior Commercial-Site Amplified music 51.5 dBA 65 dBA
west ro e erimeter la 'n Maximwn 70 dBA
3-A Exterior Commercial-Site Background 51.5 dBA 65 dBA
north ro eter Maximum 70 dBA
3-B Exterior Commercial-Site Amplified music 50.5 dBA 65 dBA
north erimeter I n Maximum 70 dBA
Exterior Commerclal-Site 65 dBA
4-A east property perimeter at Background 77.0 dBA Maximum 70 dBA
Con Avenue
Exterior Commercial-Site Amplified music 65 dBA
4-B east property perimeter at 63.5 dBA
Con Avenue playing Maximum 70 dBA
Exterior Commerclal-Site Amplified music 65 dBA
5.A South property perimeter 61.5 dBA
with atio doors 0 en playing Maximum 70 dBA
Exterior Commercial-Site Amplified music 65 dBA
5-B west property perimeter with 53.0 dBA
deliv door 0 en . playing Maximum 70 dBA
6-A Patio area Noise source - 77.0 dBA
speaker Note 1
6-B Main entrance (east) Amplified music 73.0 dBA
la in Note 1 and 2
Note:
1) For reference of noise with amplified music
2) Noticeable "banging" of the door when closing.
Ambient Sound Level Study
Bm'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 LIO DATA
EXTERIOR RESIDENTIAL SAMPLE POINTS
The weather was warm, clear, with little to no wind.
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
lot directly east across
Congress A venue and south
ofRLU 2-200 ft from Site
rimeter
2-A
2-B
3-A
3-B
4-A
4-B
Background 55 dBA
Maximum 60 dBA
range
(50 dBA)
Amplified 54.0 dBA 55 dBA
music playing Note 1 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 onto tbe Residential Property and a small motor boat passed
on the canal during tbe second sample period.
2) RLU 2, vehicular traffic associated witb tbe 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 oftbe parking lot area during both
sample periods.
4) The noise level recorded during the 4A sample period can be contributed to excessive
vehicular traffic along Congress Avenue.
Date of Study: September 28,2006
Ambient Sound Level Study
Bm's Room Sports Grill, North Congress Ave. Boynton Beach, FL
REP Project No. 2396.01.02
Page 7
.
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
Bm'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 Grill 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 pennit should be approved.
All LI0 readings recorded at the Site property lines did not exceed the LI0 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 LI0 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 nonnal 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
561/627-1810 with any questions,
Prepared by,
REP Associates, Inc.
Approved For Release:
REP Associates, Inc.
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fl.r::
Teresa A. Thomas
Project Manager
I(~-k)ut-^-
Karen M. Meyer, CIH
Vice President
Ambient Sound Level Study
Bru's Room Sports GriU, North Congress Ave. Boynton Beach, FL
REP Project No. 2396.01.02 .
Date of Study: September 28, 2006
Page 9
.
APPENDIX A
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APPENDIX B
PHOTOGRAPHIC DOCUMENTATION
Bru's Room-east entrance
Hotel located to the north- existing
trees and general landscaping
.. ASSOCIATES. INC:
. ENVIRONMENTAL SCIENTISTS. ENGINEERS & PLANNERS
Northwest corner of Site- existing
structures, trees and general
landscaping
South patio area
Client: Bru'sRoom
Location: 1333 North Congress Ave
REP Ref: 239f)~01.02
Date of pic.: 09/2812006
Southwest corner of the building
West property perimeter
Bru's Room property from the northwest sensitive
zone
e- ASSOCIATES. INC;
ENVIRONMENTAL SCIENTISTS. ENGINEERS & PLANNERS
Client: . Bru's Room
Location: 1333 North Congress Ave
Ri:P Ref: 2396.01.02
Daleo'f pic.: 09/2812006
View of the secured delivery located
on the west of the building.
- ASSOCIATES, INC';
. ENVIRONMENTAL SCIENTISTS. ENGINEERS & PLANNERS
View of the kitchen area that will be
converted to the Entertainment area.
Client: Bru'sRoom
L()cation: 1333 North Congress Ave
REPRef: 2396.01.02
Date of pic.: 09/2812006
EXHIBiT "D" CONDITIONS OF APPROVAL
Conditional Use / Maior Site Plan Modification
Project name: Bru's Room
File number: CODS 05-009/ MSPM 06-004
Reference: 3rdtreview plans identified as a Maior Site Plan Modification with an October 10,2006 Planning
and Zoning Department date stamp marking.
,
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: None
PUBLIC WORKS - Traffic
Comments: None
PUBLIC WORKS-Forestry
Comments: None
UTILITIES
Comments: None
ENGINEERING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate additional
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
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
POLICE
Comments: None
BUILDING DIVISION
Comments:
Conditions of Approval
Bru's Room
CaDS 05-009 / MSPM 06-004
Page 2
DEPARTMENTS INCLUDE REJECT
3. Please note that changes or revisions to these plans may generate additional
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
proposed construction.
5. If capital facility fees (water and sewer) are paid in advance to the City of
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,
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
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
7. The owner shall include the following measures to maintain the noise level of
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
CaDS 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
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
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
To be determined.
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S:\Planning\SHARED\ WP\PROJECTS\Bru's Room\COUS\COA.doc