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Home My WebLink AboutMiscellaneous ACOUSTICAL STUDY OF AMBIENT NOISE LEVELS NEAR PLAZA 3 THEATER PJreparedl for KSK ENTERTAINMENT by CALDWELL DESIGN SERVICE, INC. P.O. Box 9IG, Caldwell Texas 77836 (409)567-7942 Seal Consulting Engineer: John D. Mays, P.E. This report summarizes the results of an acoustical study conducted for KSK Entertainment at the property formerly known as the Plaza 3 Theater on Southwest Parkway in College Station, Texas. Purpose of Study The purpose of this study was to conduct sound pressure level (SPL) tests in and in the vicinity of a proposed entertainment venue. One-third octave, A-weighted sound levels were to be checked under simulated operating conditions, and levels compared to the 55 dBA nighttime allowable level stipulated in Ordinance No. 1996. Site Visit and! Tests A tour of the proposed entertainment venue was conducted on march 8, 1993, for the purpose of assessing the acoustical properties of the existing building and for measuring SPLs i!l the building and in nearby residential areas. Figure 1 indicates the arrangement of the site. A rented sound system was set up in the theater area and "typical" music was played for the purpose of taking SPL measurements. Three series of tests were conducted to gather data under various conditions, as follows: (1) Daytime SPLs, with sound system driven approximately 3-8 dB louder than actual operating conditions. This test actually represents "unrealistic worst case scenario. " (2) Nighttime SPLs with sound system driven louder than proposed, as above. (3) Nighttime SPLs, with sound system driven approximately as planned for the permanent installation. An Invonics model 500, 1/3-octave, real-time analyzer was used for all tests. Table 1 shows A-weighted SPL data for measurements at 25 Hz through 315 Hz made during the daytime test. Highest level measured at location A (Figure 1) was 50.0 dBA at 160 Hz. At location B the highest measured level was 38 dBA at 160 Hz. Table 2 shows A-weighted SPL data for measurements taken during the night test, which was conducted at 8:00 p.m. the same evening. Highest level at location C (the property line) was 61 dBA at 63 Hz. At location D the highest measured level was 55 dBA at 63 Hz. Table 3 shows A-weighted SPL data for measurements taken during the night test with sound levels inside the theater reduced to simulate actual operating conditions. Indoor sound levels were compared to readings taken at another local venue playing at actual volume level. These levels are also shown in Table 3. Outdoor measurements under these conditions are shown in the third column of Table 3. Most frequency bands were unmeasurable (below ambient), with peaks in the 63 Hz band at 52 dBA. Analysis According to College Station City Ordinance No. 1996 (see Appendix), dated February 11, 1993, the criteria for establishing acceptable noise levels at the boundaries of residential property is 55 dBA (nighttime, 10:00 p.m. to 7:00 a.m.). Measurements under conditions approximating actual operating conditions resulted in maximum peak levels of 52 dBA. Preliminary measurements with indoor levels of 5-16 dB higher than anticipated operating level resulted in maximum peak levels of 58-61 dB on the north side of the theater. It should be noted that there are several large holes in the north building wall which are covered with plywood. It is anticipated that with the finishing construction, and with a sound system permammtly installed, equalized, and operating at planned levels, that ambient noise levels at adjacent properties will be well under the City requirement of 55 dBA. D D ~ 3: ~ oc <( a.. ..... 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Q) 1-1 ;:l <f) ~ ~ ,...l ~ v.l ~ .- :t:: ~ OJ) .- III o III 0001ll Z 1Il'-;00 c<"l 0 0 ('JJ \0011')- N c<"l ~ III \000-- - ('JJ N c<"l c<"l Il) ........ ~ ~ APPENDIX MOBilE HOME IPAR~ Mat-ch 11. 1993 TO: Planning & Zoning Commission Members nUlsance to the residents Allen & Patty Swoboda FROf1 : Re: Proposed Nightclub in the As owners of Oak Forest Mobile the home owners living in Oak would like to express our concern conditional use permit to operate Schulman Theater location. In 1987, a nightclub was permitte Shopping Center which is immediar Schulman Theater location. f!. ..e>~treiTIe area were patient as the insulate the building. a.t an acceptable level. having to put up with residents In the to sClu.nd the sound We bel ie',,'e that Thi s parti cular The Schulman using similar bui 1 di ngs al~e both buildi Enter-tal saine ~=or!tr.~~(:tc1!~ ceiling in both nsulating ability of The insulation KSK (Jf1 by ~ame material was used We met with KSK pers reh 8th when they did their sound study att.he eater loc-3.tion. In the first part o-f thei r- stl.tdy vol LUne of .the mu.sic up vet-y lou.d. ow. fr-eqUi2ncy sounds (base) cou.ld be heard easily at 400 ft. from the theater. Inside one 0* the mobile homes the 63H~+requency was recorded around 52 dBA. We realize this is acceptable by the City Ordinance standards~ but a person would not be able to go to sleep with this noise level. We would compare the sound to what you typically hear when someone drives by with their car stereo turned up. 301 KRENEK TAP ROAD 0 COLLEGE STATION, TEXAS 77840 0 (409) 693-5206 MOl~~llE HOlMIE ij:i~Ri( F=age 2 Planning ^ Zoning Members While these tests were being taken some of the residents in the neigt~borhood, wt~o were unawar'e what up looking for tile sour"ce of tt.~e noise. approximaJ::.el-y' 6(H) feet. fr-om the t_heater--~ tal ked to PE'opl e ,,;jho 1. i .',..;e over. 1000 who heard it in t.heir home~ the volume level was much lower~ was going on, came ese peopl e 1 i \/e ha."ve si.nce .e thea-tET After the initial tests were compI the theater was lowered to what we sound level normally played in the vol~~me the sound would be acceptabl level in d be the this ft-om tr-~e .tt"\eater- ~ r.!Olf~e\/i=r- ; and found have e;'~perienced ba.se sounds wen:~ ecibel reading (-T'ab 1 es in most night clubs I have gone almost eliminated: If VOll will taken inside the theater at ;"4i 11 .. see that m'-lnu The 63 Hz: highest dB was the the so called dent> .tha.t the were cut 2 & 3 of KSK Entertainment frequency, which was reading in the 63-315 Hz lowest reading when the HncJr-rna.l H \/olLtme in ti-,e ni It is a.ppCu'-erit an acceptable sound vol U.ffle of sound i nsi de tr~2 1 evel nea.F issued c control the sound level dL~t y a-l: -the c 1. ub night: clL\b was and told to lower abou.-t an hOUl- to the citation. would be disturbances which usually occur outside a Customers leaving a nightclub at 1 ate hours an? u.su.all y c.oncerned about. di stU!~bi ng the neighborhood. SqueaI~ng ti~es, honking horns and loud abusive language is common around most nightclubsu In addition SOffl2 people don"t want to go home when the bar closes. In the past we have had people walking through the neighborhood, fighting, drinking and in general being an unpredictable nuisance in the neighborhood. We realize the club cannot be responsible for what goes on outside their establ ishrnent , bu.t they do attract these people to the area~ 301 KRENEK TAP ROAD 0 COLLEGE TEXAS 77840 0 (409) 693-5206 MO~~llE HOME: PA~IK Ft.cige 3 Planning & Lonlng Members In closing, we would like ~n say we are opposed to a nightclub at this location because of its roximity to residential neighborhoods and because the is no way we can be guaranteed that the sound level .e club would be maintained at an acceptable level~ :::II ~-~cer- . Ie i-{ome Since this hearing is scheduled f during Spring Break, we will not hearing. Many of the residents of Park and the Brentwood subdivision _Ltt.... of towri and wi 11 not ',J '! "S' Allen & Patty Swoboda 301 KRENEK TAP ROAD 0 COLLEGE: TEXAS 77840 0 (409) 693-5206 I /13/ ~/r CS files lawsuit against nightclub 'seeking to stop the noise' it creates By Elizabeth Sharp ofthe Eagle staff Complaints from area residents re- . garding "loud noise.' prompted the city of College Station to file a lawsuit against a local nightclub. The city filed the suit Wednesday after- noon against Mansard House. InG. and Gary Seaback. doing business as The Edge. . The petition seeks a temporary re- strnining order to stop the owners. agents and employees oftht'? Club from using the property at 2501 South Texas Avenue No. D- 1 03 as a dance club. The suit also seeks a temporary injunc- tion preventing use. of the premises as a dance dub until permanent measures are taken to reduce the noise level eman- ating from the club. Also, a $1,OOO-per-day judgment is sought for each day from Nov. 1 that the club's noise level.n; cansidered a nuisance. . Assistant City Attorney Marianne Banks said it is nat the city's intention to clase down the club. ''We're really seeking to stOlp the noise, which may mean closing the club tem- porarily," she said. Banks noted in her petition that the city began receiving camplaints in May 1987 about the naise level coming from the club. During a 20-month period more than 100 complaints concerning loud music caming from the club were received by College Station afficials. She also notes in the petition that while Texas A&M students are on semester breaks, the city receives fewer calls con- cerning noise emitting from the club. The petitian claims. that in February 1988, Seaback received a citatian fram the city for disorderly conduct by loud naise because of the music caming from. the club. In July, Seaback hired an engineer to conduct a study aimed at reducing noise levels. The petitian alleges Seaback took no action an the study which showed that the .'music beat emanating from the ... club was laud enough to be disturbing at an haur beyand 9 p.m." The study also shawed the volume af the naise inside the dub was in excess af LOO decibels and, accarding to federal standards, cauld be a threat to hearing. Seaback's attarney, ROlland M. Searcy Jr., declined ta camment an the case ather than ta say "we will cantest it vigar- ausly." Seaback cauld not be reached far camment. . I. . s.l11~!<u' CS council. h,ears complaints about loud music from dub By Cathy Thomas of the Eagle staff College Statian Mayar Larry Ringer an Thursday advised residents wha are dis- turbed by laud music camingframT,he Ed~e nightclub ta file a farmal ca11.1plamt With palice and the Texas Alcahalic Beverage .cammission. "We da need the individuals that are bathered by this ta make the camplaints'" Ringer said at the citycauncil meeting. A resident wha awns a trailer hame park an Park Place Street, abaut 15 feet fram The Edge, addressed the cauncil.ta find aut w~at residents can dOl ta get the mghtclub ta qUiet dawn. Acting City Manager Ran Ragland painted aut that since September .only twa residents have filed camplaints with the pal ice depart- ment. Ragland said the club received a $150 fine far .one af the camplaints and actian an the see and has nat been qecided. lnadditian, Ragland said, the alcahalic beverage cammissian suspended ~he Edge's Iiquar license far a three-day pen~d. One .of The Edge's managers Said he was nat aware .of the club's license being sus- pended far three days. . . . Cauncilman Jim Gardner asked If It was passible far alleged naise pallutian to fall under a clean-air .ordinance. Ringer said the cauncil will try [0 get in- farmatian fram the alcahalic beverage com- mission abaut what kind .of actian it can take while City Attorney Cathy Lacke will laok inta whether the city can take any legal actian against the nightclub. The club's .owner was nat available far comment Thursday. One .of the nightclub's managers, Jack MacGregor. declined cam- ment. In ather actian, Dick Birdwell, a city caun- cil candidate in the city's May 7 electian, tald the cauncil that if it appraved a rezoning .ordinance that will change six lats an Spring Laap fram an administrative professianal zane to an apartment zane, it won.t be pro- tecting the character .of the neighborhood. REAL ESTATE INVES1.1\1{ENT SERVICES lFA:1C COVER SHEET TO: Shi~ley Volk, City of e.s. Dev~lopment Services ~-.. _.Ii -.;:- ..-- -. -.tIi"'....;,__---..__=___~ - . - .~- .. ~& FROM: PAtL~oy~ .S1*:.!i~~L-, _ mMap;;r 19; 1J.2 t~___,~ .. DATE: PAGES: FAX NtHJli3Ert: 764-3496 SUBJECT/COMMENTS: ~~~~~"..__.~~~""~ ...._..........----.-~--~-_._------~..-.........-....,-----_. '.. _.._~......,_",,~'.;..,;.__....:.:." .~~~~,~~....,.,~~ _-"'__"'i.r$""'.'.....,-~~-...,....~~~-~ - ~~.._~~~~=._"""_~_~~~~~.~~........__~--~~.........-....,..~---.-.."~M..~~~.._-~~-,...,.,....;...~___~_."..._.....-_..._--. "',.....Jr. =......~T~~c-"--=-~~ =~~.-=""""'~,~,~~...-....-;""":-~=~_~_.....~...~_...._."'......."'.~o~~.~~..~._. ~,"'""'""'~__.._. _..~_.__'.....~"'.~~~_~..."......,._. ~~..~"'"'"-<.oE-..,_'~~_~.~"--->""'"..~~"~.~--"''''......f-..""~._"-~ B@ del i \fe..t ttle ut~t,a C~ liJf iCtl tc~ . . there is a ~ '" ... ~.~ f.} L em rc-ce 1 v 1 .1 g tr a rlsm i S2, irmnedllltely. '1'lHW}~ you, ref~108! ;..::;5~cl.. If t:A 1..1S 409/846< 1461 1-5877 r[ Mayor and as, our appeal to the City Council for a Conditional Use Permit :,\ on behalf of KSK Entertainment f.1y name is rvI, l'atrick Siegert. I reside at 8701 Chippendale in College Station and I am a lifelong of this community, I am here to spe~.k In favor of the approval fOf a conditional permit for KSK tV ()fl 1 Commercial zoned property at 226 Southwest Parkway. In -'< ,. . 1 .. - - t . '0 " .('.. 11 . approv~u lO :rou, ~ aSK you C conSl er ~ne 10... O\Vlng: is fc~r a dance club, as a perrnjtted use4 Prior ti) building operated in the nighHime enterk1inment area ""F. i~ h",:rrponif;lls u,hh' t,h;. t';",,1>1'tP\'i""Pt".t in-dUd!,\! that it W;'l~ :....".=.,:_ ",:-" 1i~=""",,,~A""" I.",VW Y'lt4~1 ._~'\,o{ <!.o\.,.~....!,.~l!!',,!.,,"......~b .c-...". ~!;. J ",.I. '" ..~.,. ~."'_u -. .. -' k ~ ' - y _. . - r~- --- . t ~"'< "-,~ '''I "J1" 'A .. rr'<>f'p ,,,"<' {4!~~ ,;:.;,u,.~ !~ \. ~ii. ~. '8' ;lH..,fJ..v tH~!l . . to aCCOlllInOaate CHy requirenlents. .. ~~ at a regularly scheduled meeting of the Station Planning and lrl. tH,p1i"o<r'O-ln- f0-r' a rc}ntll't-,'nrv~l =~r-A"""~=~'*~J. '" ~E, ~ .....'-'"'/..,! ~y ,~"....F...!~L was discussed 1:,\#/0 oppOSe(f mobile care centeT ~ , subject by c~ne ic1 ~ej town, The 'i~i,"2V',::;:'.:., ""''E.--,,,~- "',~" ,,1;f T FJ"- qC9/846., 1461 713./'681 "'5877 Street~ SUJte 1'0,0 ~ of<;, Page 2 of 6 the unneighborly and inappropriate behavior by the management and patrons of the fenner Edge n,pl1ff'1'''b W'11Irih! \)'C'''' loea- .",,4 ---.dOl \,.vV g~~-.!i ."€'ftl~ a.._- i..~-! the Winn Dixie shopping center, only 14 away from the homes. The music speakers which were located in this former nightclub were located approximately 20 feet from the nearby mobile homes, The E,dge nightclub was the culprit of past problems betJause the propped open rear door allowed music to t10w to the mobile home park unrestricted, Additionally, the night club aUowed its patrons access to the mobile home park since there was no dividing fence or construction to prevent it. One mobile home resident testified that a patron actually urinate4:i in hcr front lawn. I believe any reasonable person would have been upset by a combination of any or all of the aforementioned actions. Therefore, KSK Enteruunment engaged the respected engineering tirm of Caldwell Design Service and John D. Mays, Professional to conduot an independent ev?Juation to scientifically and " .. 0' . . . 1::' _.,l 1 L -d..... 'h ~ p.:niCHC'4'.llY uetermine tne mUSIC .TOrn me propos~ C Ull woul. mte.rrere in any way wit tile health, welfare, or safety of the mobil horne residents. Their findings conclude that the building and distrtliCe through which the sound rnust the music inaudible when the music is played at the level suitable for a dance club. Ac.oustical measurements were taken at the nearest property line to source as well as actually inside the mobn home of a cooperating resident. Furthe.r, the nleaSutenlents were taken on a VVOfst is; the building is a shell, not outfitted with insulating ,.-'~F "'.-.J~ that ",,,,-'>,,,;,4,,,, fll"t""" 1 ",.,..",1 rl.iJ'W .&~~ lO ~~;~'i.a.a.J.. ~!!......UHV "vert; h orne "'flf1k ::lnr'f .."t tnW'''r<1 th;o. c~K =o'l.'f-...!1 UP..,,!!,> ~~ ~~ ~&clj _i~t;# as be during the large Or.enings currently "J"", ~-" ~ a very .. Page 3 of 6 significant amount more than actl1al operating conditions after the finish out of the building and the openings are tre~ted with insulated glass brick Since the engineers report will be submitted to the comm.ission and it is my understanding that the engineer will personally testify tonight, it will not be necessary for me to elaborate on the noise issue since it has been sdemiticfllly proven and documented that the proposed noise level of the new nightclub will not be audible within the mobile home park, or violate the new City Ordinance. There exists an issue of trespassing by mobile home residents corning and going to the shopping center, since the area adjoining the t1iobile home park currently is unfenced. tv1oreover, the vast majority of the ftrea contiguous to the proposed nightclub site does not t " d' '. ..... . h .. . b'\ h. k 0' '1'. f k' 1 aC.uahY a Jom property Hnes wlL me mo J1Ie ome pat. !IllY one small sectlOll 0 par rmg ot does adjoin: the p2.rk. We have contacte..d and acquired the permission of the propeJty owner adjoining the mobile home park; which has several acres of vacant land as a buffer zone; and acquired permission to erect an eight foot high solid wood privacy The style and height of this fence should for practical purposes should stop any trespassing, and should additionally buffer any parking lot noise, ~u1d screen any unsightliness that the park residents may see about the nightclub or the nightclub patrons see as mobile home , "f" t.. l~ .. . .. . . . . . ,. . . r ' l' r,;' i parK, L H IS auso utelY necessary. we nave aC1ultl0natly ouere.a to adjoining these other two properties, At the P&Z meeting after the offer to erect was made, a wornati said she used the vacant property to a shortcut to f.1T Winn Dixie shopping center and that a fence \i/ould present then.1 we can not guarantee the mobile home parK residents access to b}i,~' fi property; Page 4 of 6 however, we offered to put a gate in the fence for their use to do so. This should answer any concern about parking lot activities hypothesized by trailer residents at the previous meeting. In addition. an off~duty police officer will patrol the area during the club's operation and closing hours. His responsibility will include insuring orderly conduct during ingress and egress at the club. The last signit1cant issue by members of the commission and mobile home park addressed the possibility of noise created by vehicles leaving the parking lot to go home. It is my belief that the fence would prevent mo;,;z. of any potential noise and certainly any headlight inconvenience which might be caused by departing vehicles. This means that there would be (1) a couple of acres of vacant land and (2) a parking lot before the eight foot fence to serve as a buffer zone to the mobile home park. If the back parking lot Is to be closed, I would suggest only closing half of it so that a fence could be aesthetically constructed down the landscape island in the middle of the parking lot Since the amount of parking available is so numerous, the loss of spaces will not affe<,;t the occupancy requirenient The opposition directed from the day care center owner cOl1cerned the security of their janitorial staff at night 1 do not feel that the janitorial staff at the care center would be subiected to anv more lack of securit~y' or harm th::m anv other J * . ~ for your consideration that perhaps security is actually improved by as a guard at the nightclub as opposed to a vandalized, dark, vacant believe that a fence.d playground having visibility to a parking lot is an the day ,"" 'i f ., .~ ~ care center ana the panQng rot ot the location are not mu as nlatted " since the savings and loanj Wendy's hamburgers; the theari., Office 1<0' .' Page 5 of 6 T""l~:' fi A .t", ,.1-.- ~.C<'" -I' DIJiU!,ng, ..flu .il...; '\.lay ;.,ar~ all reciprocal pnvate access to the developments. I As previously mentioned, the nightclub has a multiple of the city ordinances .; require and more than the nightclub perceives it's intepded needs will require and therefore it is I10l illogical to assume that the patrons will f}ot need,-to-park on any other entity's property. 1 believe issue of trash; 'Nhich may be deposited by the patrons of the nightclub was defused. But in the event it was not, please le\[ me elaJ50rate that the club's lease provides that tenant maintain the parrJng lot daily and that if the tenant can see that its patrons' trash was blown .onto the neighbor(s) property they are require.d to pick it up, It is worthy of noting that many of the mobile homes have trash and debris deposited upon our property; and other cornrnercial properties, This includes a large gasoline storage tank; grocery Cfu"1S, dog houses, c-ontainerSJ and a ",,;1.. """"~a~ red ~'! ,., rii_l'-f ....~" \.< 1. ,"- ij) ~_.. -It is that mobile home park residents are require.d by city be held t~) sarne and dumping sta,ndards; lu')wever, we {',Ie prepared to c]e..tr, up behind these individuals. I tnHit you can agree t!1at we Q:one to great le!pths to 'r 0 evervone's concerns, , some of \ljhlCh \VeTe and some v-ihic~h were not. The officer shot! Id facilitate a~ ouiet it is worth out a!JprOXlrnateiY ;a...lH" \~iert' nc~ fny kt1o\Nledge to any and egress be a problerr! a not if the back of tIle lot is " '''t ...",.. Page 6 of 6 to as \~ t,~ ';;.-t..J'ii:=" to ~ ~ ~ concerns mentioneQ h.ere, ! " neighborhood with a (()ill sel'urity as it attracts OU! as it becomes an deteriorate. Here is a ~. - s the practical in Judging important InalteL I \vQuld proJe.(~t. If there is any within the City of t(;~ vote to rfhank you. It!. "'~t~.'.....,. {';;i>"""~ iT"" r4 rt...K ,H_gt:f( ?~"" ~~j the- fashion it be perrrnt, s