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Item 6C - Noise Study) esi engineering December 13, 2023 Mr. Tanner Brandt Christianson Companies 4609 33rd Avenue S., Suite 400 Fargo, ND 58104 Subject: DRAFT Summary Report for Car Wash Noise Control Tommy's Express Car Wash — Southlake, Texas Dear Mr. Brandt: We understand you are in the process of developing a new Tommy's Express Car Wash in Southlake, Texas. The proposed site is at the northeast corner of N. Pearson Lane and W. Southlake Boulevard (see Figure 1). Noise levels from the car wash sources must meet the City of Southlake Code requirements at the nearest receivers. ESI Engineering was asked to prepare calculations to evaluate car wash equipment noise levels, and if necessary, develop recommendations to meet the Code requirements. The following is a summary of our analysis results and recommendations. r1i Is , - - P 64 # Liar —� pooh �' u�hlake P.re-Sci�ool Figure 1 — Aerial image overlaid with the Tommy's Express Car Wash project site plan. Structures I Vibration I Noise I Monitoring ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 952.831.4646 1 esi-engineering.com a LL � as C .N Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 2 Site Conditions The proposed project site is a vacant lot in Southlake, Texas. However, the west side of North Pearson Lane is in Keller, Texas. Figure 2 shows the proposed project site and the nearest property types as zoned by the City of Southlake and the City of Keller. Keller, Tx Southlake,TX ----- e- U� r v Density Resident n r i I Ls=mJ 0 Iw— i o [ � � As Retail r W t I�rcQlCu 4a� N ' Public Serni-Public ��--n ----- ` ^� Retaii IOffic.c= Ffh e Commercial _Cumnu=ric.vl J a ce Figure 2 — Aerial image showing the nearest residential (yellow) and commercial (red) zoned properties to the project site. The project site has: • A proposed new retail center to the west side of the car wash site. • Nearby residential neighbors in nearly all directions. • Nearby commercial neighbors in nearly all directions. • A public utilities facility to the east. The current project layout has the car wash building located near the east side of the lot with the car wash entrance facing north and the exit facing south. Sixteen vacuums are shown at the head of parking stalls to the west of the car wash building. Mr. Tanner Brandt Christianson Companies DRAFT Noise Code Requirements December 13, 2023 Page 3 States and cities often have requirements for noise level limits at neighboring receivers. Based on our review of the State of Texas laws that relate to nuisances, we are only aware of "Chapter 42. Disorderly Conduct And Related Offenses" of the Texas Penal Code (provided in Attachment A) having noise level limitations. Section c.2 states that, "a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance." In our opinion, a noise level of 85 dBA at residential or commercial receivers would be perceived as excessively loud and result in many complaints. We have also reviewed the Noise Nuisances portion within the City of Southlake Code of Ordinances (provided in Attachment B). "Section 11-61. — Offenses" has requirements for maximum allowable noise levels by receiving property type. Table 1 shows the noise limits given in this section of the Code. Since the Code does not clarify how the noise levels should be evaluated, we assume the intent is to evaluate average (LAeq') noise over a long period of time (e.g., 10 minutes, 1 hour, etc.) at the receiving property line or anywhere on the receiving property. Table 1 - City of Southlake Prima Facie Maximum Allowable Noise Levels Property Receiving Sound Daytime Nighttime Sundays Residential 60 dBA 55 dBA 55 dBA Commercial 70 dBA 65 dBA 65 dBA "Section 11-60. — Definitions" has the following definitions that relate to the noise level requirements in Table 1: • Residential means any property used for temporary or permanent dwelling purposes. • Commercial means property used for purposes other than residential or agricultural regardless of whether the property has a commercial zoning designation. • Daytime means the hours from 7:00 AM to 9:00 PM. • Nighttime means the hours from 9:00 PM until 7:00 AM. • A -weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The sound pressure level so read is designated in dB(A) or dBA.2 ' LAeq, or equivalent A -weighted sound pressure level, is the average overall A -weighted sound level measured in pascals during a particular time period that is then converted to decibels. 2 As defined in ANSI S12:60, "A -weighted sound level. Sound pressure level measured with a conventional frequency weighting that roughly approximates how the human ear hears different frequency components of sounds at typical listening levels for speech. The A -weighting (see IEC 61672-1) attenuates the low -frequency (or low -pitch) content of a sound. A -weighted sound level is expressed in decibels, unit symbol dB[A]." Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 4 The City of Keller Code of Ordinances also has a Noise Ordinance section (provided in Attachment C). While the Keller Code provides descriptions of possible noise nuisances, it does not give specific noise level limitations. In the absence of clearly defined noise level limits in the Keller Code, we recommend using the City of Southlake noise level requirements for similar receiving properties within the City of Keller. We understand the proposed car wash will only operate during daytime hours on weekdays and weekend days. Therefore, based on the most stringent limits for Sunday operations in the City of Southlake Code, the maximum allowable noise levels for the project are 55 dBA at residential receivers and 65 dBA at commercial receivers (highlighted green in Table 1 above). Existing Car Wash Measurements To determine the car wash noise sources and equipment noise levels for the Southlake project, noise measurements were made at an existing car wash. On Tuesday, February 8, 2022, Mr. Ryan Skoug of ESI Engineering visited an existing Tommy's Express Car Wash in Mounds View, Minnesota to make observations and perform noise measurements. We understand that the equipment for the Southlake car wash will be the same as that used in Mounds View. Sound measurement data sheets are provided in Attachment D. The following is a summary of the visit findings: 1. There were multiple Tommy Car Wash Systems vacuums at the site (see Figure 3). No mufflers were installed on top of the vacuums. The measured LAeq sound pressure level at a distance of 10' from one running vacuum was 72 dBA. Figure 3 — Photo of a vacuum at the Mounds View Tommy's Express Car Wash. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 5 2. The dominant noise source near the car wash exit (see Figure 4) was the drier system, which had eighteen blowers (shown in Figure 5). The measured LAeq sound pressure level at a distance of 58' from the exit, with a zero -degree offset from the exit centerline, was 83 dBA. When a measurement was made 54' from the exit with a 45 degree offset from the exit centerline, the measured LAeq was 79 dBA. Figure 4 — Photo of the Tommy's Express Car Wash exit with drier system beyond. Figure 5 — Photo of the Tommy's Express Car Wash drier system. Mr. Tanner Brandt December 13, 2023 Christianson Companies Page 6 DRAFT 3. The dominant noise sources near the car wash entrance were the automated audio system (see Figure 6) and the drier system at the other end of the car wash. Noise from the other car wash equipment inside the building was also audible. The measured LAeq sound pressure level at a distance of 48' from the entrance, with a zero -degree offset from the entrance centerline, was 72 dBA. Figure 6 — Photo of the Tommy's Car Wash entrance. 4. The car wash building had louvers with dampers on each side (see Figure 7). The dampers could be opened and closed to control the release of heat and steam from inside the building, which also allows sound to leak out. The dominant noise source radiating from the dampers was the drier system. Noise from the other car wash equipment inside the building was also audible. The measured LAeq level at a distance of 8.5' from one open damper (shown in Figure 8) was 76 dBA. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 7 Figure 7 — Photo of the Tommy's Express Car Wash with sidewall louvers circled. e Figure 8 — Photo of the Tommy's Express Car Wash with an open damper circled. Mr. Tanner Brandt Christianson Companies DRAFT Noise Analysis December 13, 2023 Page 8 Calculations were prepared to determine the car wash noise levels at the nearest receiver locations to the Southlake project site. The measured LAeq sound pressure level results from the Tommy's Express Car Wash in Mounds View, MN were used as source data for the analysis. The results were converted into LAeq sound power levels to determine the noise from each source independent of distance. Table 2 shows the sound power levels used for each noise source. Table 2 — Car Wash Source Sound Power Levels Source Source Height in Noise Model Sound Power Levels (dBA) Per Frequency (Hz) Overall Sound Power Level (dBA) 63 125 250 500 1 k 2k 4k 8k One Vacuum 4.5' 56 57 66 75 82 86 84 80 90 Exit Opening 5' 70 83 93 102 103 100 94 84 107 Entrance Opening 5' 62 71 81 87 91 89 82 77 95 Open Side Louver 12' 58 71 81 86 89 85 76 68 92 Noise contour plots were prepared to help evaluate the car wash noise levels at the proposed project site. The calculations included the car wash building, all other nearby buildings, and a source for each of the car wash noise producers. Sources were the exit opening, entrance opening, fourteen east -facing sidewall louvers, sixteen west -facing sidewall louvers, and sixteen vacuums near the head of parking stalls to the west of the car wash building. The existing car wash measurement results showed that drier system noise at the exit and entrance was directional. At a 45 degree offset from the centerline, the sound power was about 5 dBA quieter. This "tunnel effect" of the sound dispersion from the exit and entrance was included in the noise calculations. We reviewed the project site ground elevations on Google Earth and found that the site has an increase in elevation to the north, and a decrease in elevation to the south. Based on our review these elevations, we created the topographic contour lines that are shown on the aerial image in Figure 9. Because the effectiveness of barrier noise reduction changes depending on the elevation of the source and receiver positions, these topo lines were included in our noise calculations and contour plots. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 9 Figure 9 - Aerial image showing the topo lines that were included in the noise calculations. We understand the project will also include the following options to reduce the car wash equipment noise levels at nearby receiver properties: 1. A 520' long, 8' tall stone fence will be installed along the north property line of the project site. We assume the following: a. The 8' fence height is relative to the elevation of the ground. b. The fence will have no air gaps from ground up and from end to end. c. The fence panels will have a minimum sound isolation rating (sound transmission class, or STC') of STC 25. We understand the project team is considering the use of a Hilltop Concrete fence (see Figure 10), which has a laboratory tested STC 35 rating (see test report in Attachment E) that meets the minimum criterion. 3 Sound transmission class, or STC, is defined in ASTM standard C634-13 as, "a single -number rating calculated in accordance with Classification E413 using values of sound transmission loss. It provides an estimate of the performance of a partition in certain common sound insulation problems." It is based on laboratory tests of wall and floor/ceiling assemblies that serve as acoustical barriers, with higher values representing better insulation. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 10 Figure 10 — Hilltop Concrete photo of a concrete fence. 2. The loudest car wash noise source is the drier system. We understand the individual Tommy Car Wash Systems blowers can be installed with variable frequency drives (VFDs) to control blower speeds between 0 Hz (00/o speed) and 60 Hz (100% speed). Based on a Tommy Car Wash Systems report dated May 18, 2021 (provided in Attachment F), the car wash noise levels were reduced by 10 dBA when the blowers ran at 40 Hz (67% speed). For the Southlake car wash, the blowers will run at no more than 40 Hz to achieve about 10 dBA of blower noise reduction at the car wash exit, entrance, and side wall louvers. 3. Tommy Car Wash Systems has optional mufflers that can be provided with the vacuums. Based on a Tommy Car Wash Systems report (provided in Attachment G), installing a P-VAC-335 muffler (shown in Figure 1 1) on top of a vacuum reduces noise levels by 9 dBA and does not affect the vacuum suction. For the Southlake car wash, the vacuums will all be installed with the P-VAC-335 mufflers. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 11 Figure 11 — Photo of a Tommy Car Wash Systems vacuum with a P-VAC-335 muffler. The calculation results for these basis -of -design conditions are summarized in the noise contour plot shown in Figure 12. The results show that the loudest overall noise level at a residential receiver is 55 dBA, and 64 dBA at a commercial receiver, which meets the 55 dBA and 65 dBA criteria, respectively. No other modifications to the car wash equipment are necessary. Mr. Tanner Brandt Christianson Companies DRAFT December 13, 2023 Page 12 Figure 12 - Noise contour plot showing the Tommy's Express Car Wash equipment noise levels at the proposed project site. Mr. Tanner Brandt Christianson Companies DRAFT Conclusions December 13, 2023 Page 13 ESI Engineering was asked to evaluate equipment noise levels for a proposed Tommy's Express Car Wash in Southlake, Texas. While the State of Texas does not have noise level limitations that apply to this project, the City of Southlake Code of Ordinances require that the car wash noise levels not exceed 55 dBA and 65 dBA at residential and commercial receivers, respectively. Calculations were prepared to evaluate car wash equipment sound levels at the nearest receiver properties to the project site. The calculations were based on the following: • Measured noise levels from a Tommy's Express Car Wash in Mounds View, Minnesota. • A 8' tall stone fence along the north property line of the project site. • The car wash drier blowers operate at a maximum 40 Hz (10 dBA reduction). • Mufflers are installed on the car wash vacuums (9 dBA reduction). These basis -of -design conditions produced calculated noise levels that met the City of Southlake requirements at the nearby residential and commercial receivers. No additional mitigation measures are necessary. We appreciate the opportunity to serve the needs of Christianson Companies on this project and remain available to assist in the resolution of these and any other matters. Please let us know if you have any questions or need more information. Sincerely, Ryan L. Skoug, P.E. (OR), INCE Bd. Cert Consulting Engineer ESI Engineering, Inc. Andrew A.J. Schmitt Consulting Engineer ESI Engineering, Inc. Attachments Anthony J. Baxter, P.E. (MN) Principal ESI Engineering, Inc. File: P2991 Christianson Co. - DRAFT Summary Report for Southlake, TX Car Wash Noise Control, Dec 13, 2023 ver 1 DRAFT Attachment A Texas Penal Code - Chapter 42. Disorderly Conduct And Related Offenses Southlake Car Wash Noise Control - December 13, 2023 9/18/23, 11:27 AM PENAL CODE CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES PENAL CODE TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm 1 /28 9/18/23, 11:27 AM PENAL CODE CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES (a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code. (e-1) Subsection (a)(9) does not apply to a person who, at the time the person engaged in conduct prohibited under that subdivision, was an employee of the Parks and Wildlife Department acting within the scope of the employee's authority under Section 12.013(c), Parks and Wildlife Code. (f) Subsections (a) (1) , (2) , (3) , (5) , and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours. (g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 181, ch. 89, Sec. 1, 2, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 4641, ch. 800, Sec. 1, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 145, Sec. 2, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 14, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 54, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 389, Sec. 1, eff. Sept. 1, 2003. Amended by: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm 2/28 DRAFT Attachment B City of Southlake Code of Ordinances - Noise Nuisances Southlake Car Wash Noise Control - December 13, 2023 11/28/23, 4:24 PM ARTICLE III. - NOISE NUISANCES Southlake, TX Code of Ordinances Sec. 11-60. - Definitions. All terms not defined in this article shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. A-weightedsound level means the sound pressure level in decibels as measured on a sound level meter using the A -weighted network. The sound pressure level so read is designated in dB(A) or dBA. Clearly audible means sound that can be heard without the assistance of any device. Commercial means property used for purposes other than residential or agricultural regardless of whether the property has a commercial zoning designation. Construction means any phase of the on -site erection or removal, including, but not limited to, excavation, demolition, alteration or repair of any building or structure conducted on that site. Daytime means the hours from 7:00 a.m. to 9:00 p.m. Decibel (dB) means a unit of sound pressure level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with the American National Standards Institute (ANSI) Standard S1.1-1960, or the successor thereto. Director means the director of the city department of public safety or the director's authorized representative. Governmental entity means any department, board, committee, or unit of the school districts within the city, the city municipal government, or the state or the federal government, including but not limited to the school board, joint -use committee, city council, planning and zoning commission, park board, SPIN committees, and city departments. Immediate vicinity means any distance within 100 feet of the noise source, or any area within the property line of the parcel or lot upon which the source of noise is emanating, whichever is the greater distance from the noise source. Nighttime means the hours from 9:00 p.m. until 7:00 a.m. Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. Person means any individual, corporation, business or other entity. about:blank 1/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances Repetitive incident of noise means a recurrence of any sound from the same source which repeats itself three or more times per day, whether at routine cyclical periods or random periods. Residential means any property used for temporary or permanent dwelling purposes. Sound means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network as specified in ANSI specifications for sound level meters. When the frequency weighting employed is not indicated, the A -weighting shall apply. Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. This sound pressure level is expressed in decibels. (Ord. No. 778, § 1, 8-15-00; Ord. No. 778-A, § 1, 3-1-05) Sec. 11-61. - Offenses. (a) Tampering with sound instrument. It shall be unlawful for any person to remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this Article. It shall be unlawful for any person to provide false readings of any sound instrument. (b) Noise nuisance. A person shall not create, assist in creating, permit or continue any excessive or unnecessary noise of a volume, intensity, repetitiveness or duration that is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of ordinary sensibilities beyond the immediate vicinity of the noise. Such noise shall be a violation of this article. (c) Prima facie violation. The following acts of noise are prima facie evidence of a violation of this article: (1) Permitting an unreasonably loud, harsh, or prolonged sounding of any horn, alarm, or other signal device on any vehicle, unless: (i) necessary to ensure safe operation as authorized by state law, or (ii) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the horn, alarm, or other device. (2) Playing or use of any sound producing or amplifying device, speaker, radio, tape player, compact disc player, loud speaker, or electronic "boom -box" or other similar instrument, including a musical instrument, in such a manner or in such loud volume or intensity, at any time or place, so as to disturb, destroy, or endanger the peace, comfort, repose, or rest of persons of ordinary sensibilities beyond the immediate vicinity of the noise or disturbance, or about:blank 2/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances in such a manner that the sound is clearly audible or generates perceptible base tone vibrations more than 50 feet from a vehicle, or when such noise exceeds the dBA levels shown in Table 1 hereinbelow. (3) Creating a loud noise or disturbance in or with a motor vehicle or any appurtenance to such vehicle, including without limitation, a bed, trailer, or other equipment connected in any manner to the vehicle, so as to disturb, destroy, endanger the peace, comfort, repose or rest of persons of ordinary sensibilities beyond the immediate vicinity of the source of the noise. (4) Operating a motor vehicle that is not equipped with a muffler in good working order and in use at all times. (5) Using any mechanical device operated by compressed air, unless the noise is effectively muffled and reduced to the dBA levels shown in Table 1 hereinbelow. (6) Permitting any loud, harsh, or prolonged sounding of any burglar or fire alarm or other distress signal on any dwelling, commercial building, or other premises, unless: (a) authorized by law, or (b) caused by mechanical failure beyond the operator's control and the operator takes all reasonable measures to stop the noise made by the alarm or other device. (7) Operating any heavy equipment, machinery or apparatus used in any exterior or outdoor construction, repair, remodeling, demolition, drilling, excavation, grading, earth moving, paving, cement laying or pouring, or other work of any nature during the nighttime or anytime on Sunday within 1,000 feet of any residential property, unless otherwise indicated in section 11-62 exceptions. (8) Creating any loud or raucous noise within 1,000 lineal feet of any school building or court that is in session or adjacent to any hospital building or similar care facility, provided that conspicuous signs located on the premises identify the premises. (9) Operating, as a part of any business, any equipment or machinery, including, but not limited to, combustion engines, fans, blowers, grinders, welders, loaders, washers, winches, lifts, and hoists, whether independent or attached to a motor vehicle, during the nighttime within 1,000 lineal feet of any residential dwelling which equipment or machinery is clearly audible and disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of persons of a reasonable and prudent person of ordinary sensibilities. (10) Discharging into the open air the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle engine or boat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (11) Conducting any commercial or industrial trash or waste pickup within 1,000 lineal feet of any residential dwelling during the nighttime. (12) Conducting or permitting any activity that produces a dBA level beyond the immediate vicinity that exceeds the dBA levels specified in Table 1 hereinbelow. about:blank 3/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances TABLE 1 PRIMA FACIE MAXIMUM ALLOWABLE NOISE LEVELS Property receiving sound Daytime Nighttime Sundays Residential 60 dBA 55 dBA 55 dBA Commercial 70 dBA 65 dBA 65 dBA (d) Noise level enforcement. For the purposes of enforcement monitoring, readings are to be taken with a sound level meter instrument capable of sound level measurements over a range of 40 to 140 dB meeting the requirements of the American National Standards Institute (ANSI) Standard Specification for a Type S2A general purpose sound level meter or better. Such measurements are intended to be taken on typical single incident noise from activity at the noise source that is reasonably representative of the customary and normal use for the property and from which the noise generates. (Ord. No. 778, § 1, 8-15-00) Sec. 11-62. - Exceptions. The following activities are exempt from the provisions of this article: (1) Emergency work immediately necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore public utilities, or to protect persons or property from imminent danger; (2) Sounds made to alert persons to the existence of an emergency, an imminent danger, or an attempted crime; (3) Parades, concerts, festivals, fairs or similar activities specifically approved by the city council or sponsored by or on behalf of a governmental body; (4) Athletic, musical, or cultural activities or events, including practices and rehearsals, conducted by or under the auspices of public or private schools; (5) Sound created by animals or livestock kept or maintained by persons on agriculturally zoned parcels where such animal or livestock is a part of a bonafide agricultural operation; (6) Sounds created while conducting yard work or lawn maintenance during the daytime, including, but not limited to, lawn mowing, leaf blowing, brush clearing, and use of chain saws; (7) Sounds created as a part of new construction, remodeling or maintenance activities on a building or structure during the daytime, excluding Sundays; or new construction, remodeling or maintenance activities indoors on Sunday during the daytime and which do not produce about:blank 4/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances any clearly audible noise outside of the immediate vicinity. (8) Sounds authorized under a temporary noise exemption permit as provided in this article; (9) Sounds created during construction, maintenance, or repairs conducted by or on behalf of a governmental entity providing basic utility services or roadway projects approved by the city council; (10) Sounds created by agricultural operations when such operations are related to activities directly associated with agricultural business, including raking, baling, plowing, planting, harvesting, milking, feeding, and mowing; (11) Sounds created by typical roadway noises from traffic flow; (12) Any aircraft in flight subject to federal law regarding noise control and any helicopter in the act of landing or taking off at a helipad licensed by the city or for use in emergency rescue or any railroad governed by federal law; and (13) Any activity of a temporary duration for which a license or permit has been granted by the city, state or federal government, including, but not limited to ice cream and snow cone vehicle vendors. (Ord. No. 778, § 1, 8-15-00) Sec. 11-63. -Temporary noise exemption permits. (a) Permit generally. A person may apply for a permit to engage in any activity that creates a noise that would otherwise constitute a nuisance or be a violation of this article. A person must apply in writing to the director at least ten calendar days prior to the requested issuance date and time, unless the director determines that unforeseeable circumstances justify a shorter amount of time. (b) Application for permit. The application for a permit shall be on a form prescribed by the director and must include the following: (1) The name, address, and telephone number of the applicant for both daytime and nighttime contact; (2) A description of the type, duration, and location of the noise, specifically including the date and time the noise will occur; (3) The reason the noise level is expected to exceed the provisions of this article; (4) The name, if different from the applicant, of the owner of the property on which the noise will occur and a written letter of permission from the owner and any tenants or other persons occupying the property from which the noise will occur; (5) A statement from the applicant that all property owners within 200 lineal feet to the property upon which the noise originates will be provided written notification within 24 hours of making the application of their right to respond directly to the director to voice support or about:blank 5/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances opposition to the application; and (6) A copy of the notification(s) sent to any such property owners. (c) Filling fee. A filing fee must be submitted with the application for a permit, in an amount prescribed in a fee schedule adopted by the city council, or $25.00 in the absence of such fee schedule. No such fees shall be assessed to any governmental entity or any person conducting activities on behalf of the governmental entity. (d) Duration ofpermit. The duration of such permit shall not exceed two calendar days. (e) Grounds forgranting or denying permit. In determining whether to grantor deny the permit, the director may consider the following factors, among others: (1) The safety of the persons that will be subjected to the noise, whether voluntarily or involuntarily; (2) The number of persons that will be involuntarily subjected to the noise; (3) The reasonableness of the time, place, and manner of the noise and the duration of the noise; and (4) Any other factors necessary to determine the impact on the public health or safety and the disruption of the peace that the noise may cause. (f) Notice of director's decision. The director shall, within five calendar days following the date of the application, notify the applicant of the director's decision either to grant or deny the permit. If the director denies the permit, the director shall state the reasons for the denial in a written notice provided to the applicant. If the director grants the permit, the director may place reasonable time, place, and other restrictions on the activity authorized by the permit. (g) Appeal. Upon receiving such notice from the director, the applicant may appeal the director's decision, including restrictions placed on the activity authorized by the permit, to the city manager. Within one working day of receiving the appeal, the city manager shall consider the application, the basis of denial, or any restrictions placed on issuance of the permit. Based on standards stated in subsection (e) of this section, the city manager may: (1) Uphold the decision of the director; (2) Approve or deny the issuance of the permit as applied for; or (3) Modify or delete restrictions placed on the permit. (h) Permit. The permit shall be in a form prescribed by the director and shall be displayed in the immediate vicinity of the source of the noise at all times during the commission of the noise. The permit shall include the following: (1) The date and time that the permit shall begin and end; (2) The name of the permit holder and who will be generating the noise; (3) A description of the basic nature of the noise; about:blank 6/7 11/28/23, 4:24 PM Southlake, TX Code of Ordinances (4) The specific location of the noise; and (5) Any special limitations or restrictions placed on the permit. (Ord. No. 778, § 1, 8-15-00) Sec. 11-64. - Variances. The city council may authorize a variance to any restriction set forth in this article or any other aspect involved in the permitting process. Before granting a variance, the city council must determine that a literal enforcement of this article would create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this article. A person may request a variance from this article by filing the request with the city secretary. Any request for variance shall be accompanied by a completed application and a nonrefundable filing fee in the amount specified in the current fee schedule adopted by city council, or $100.00 in the absence of such fee schedule. (Ord. No. 778, § 1, 8-15-00) Secs. 11-65-11-70. - Reserved. about:blank 7/7 DRAFT Attachment C City of Keller Code of Ordinances - Noise Nuisances Southlake Car Wash Noise Control - December 13, 2023 11/28/23, 10:15 AM Keller, TX Code of Ordinances ARTICLE VIII. - NOISE ORDINANCE Footnotes: --- (6) --- Editor's note— Ord. No. 1734, § 2, adopted Feb. 17, 2015, added provisions numbered as §§ 10-1100-10-1140. In order to avoid conflicts in section numbering the editor has renumbered these added provisions as §§ 10-1300-10-1340. Sec. 10-1300. - Definitions. For the purpose of this article the following terms have the definitions herein ascribed to them: (a) Authorized event. An event is deemed to be authorized if the event received an official permit for the event through the City of Keller Special Event Review Team (SPERT), an authorized sporting event at the City of Keller Sports Park, and events approved by the Keller Independent School District at their campuses within the City of Keller. (b) Noise. A loud or unpleasant sound that someone or something creates. (c) Noise nuisance. Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity, or any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is hereby declared to be a noise nuisance. (d) Residential district. A district as described in the City of Keller Unified Development Code for residential use. Examples of this district would include, but is not limited to, SF-LD, SF-8.4, SF-10, SF-1 2, SF-15, SF-20, SF-25, SF-30, 2F, and MF. (e) Commercial district. A district as described in the City of Keller Unified Development Code for uses that may or may not include residential uses. Examples of this district would include, but are not limited to, 0, NS, R, TC, C, IP, LI, PD, SUP, OTK, N377 and KATY ROAD. (Ord. No. 1734, § 2, 2-17-15; Ord. No. 2088, § 2, 9-20-22) Sec. 10-1310. - Noise nuisances. The following acts, among others, are declared to be per se, violations of this article. The following enumerations shall not be deemed to be exclusive: (1) Unreasonable noise prohibited. No person shall make or knowingly permit or allow to be made any unreasonably loud, disturbing, unnecessary noise which disturbs the peace and quiet of a neighborhood or which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity. about:blank 1/5 11 /28/23, 10:15 AM Keller. TX Code of Ordinances (2) Unreasonable noise prohibited in or near residential areas. No person shall make or allow for any noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities. No business within a commercial district shall allow for any unreasonable noise of such character, intensity, and continued duration which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (3) Vehicle horns, signaling devices, and similar devices: The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right- of-way or in any public space of the City of Keller, for more than ten (10) consecutive seconds unless the sounding of any horn, signaling device, or other similar device is a danger warning. (4) Nonemergencysignaling devices: Sounding or permitting the sounding of any amplified signal from any bell, chime, siren, whistle, or similar device intended primarily for nonemergency purposes from any place for more than ten (10) consecutive seconds in any hourly period. It is an affirmative defense to this subsection that the amplified signal is the reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors, or by the City of Keller for traffic control. (5) Radios, televisions, boom boxes, phonographs, stereos, musical instruments, and similar devices: The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passersby, or is plainly audible at a distance of fifty (50) feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential areas, including multi -family or single- family dwellings. (6) Loudspeakers, amplifiers, public address systems, and similar devices: Unless addressed below in section 10-1310(11), the unreasonably loud, disturbing, and unnecessary use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound: a. Between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas: (i) Within or adjacent to a residential area; about:blank 2/5 11 /28/23, 10:15 AM Keller. TX Code of Ordinances Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous; or b. From moving vehicles for the purpose of advertising any show, sale, display of merchandise, or any other purpose. (7) Yelling, shouting, and similar activities: Yelling, shouting, whistling, or singing in residential areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. (8) Animals and birds: Unreasonably loud, disturbing, and unnecessary noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls, harbors, or otherwise cares for the animal or bird unless the sounds made by animals or birds in animal shelters, kennels, veterinary hospitals, pet shops, or pet kennels, licensed under and in compliance with licensing and permitting provisions set forth in this code. (9) Lawn mowers, blowers and similar devices: In residential areas, between the hours of 10:00 p.m. and 7:00 a.m., the operation of any noise, disturbing, and unnecessary: a. Grating, grinding, or rattling noise caused by the use of any motor vehicle that is out of repair or poorly or improperly loaded; b. The discharge into the open air of the exhaust of any stationary steam engine, stationary internal combustion engine, or motor boat engine, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations; or c. The discharge into the open air of the exhaust from any motor vehicle, except through a muffler or other device that will effectively and efficiently prevent loud and disturbing noises or vibrations. (10) Vibration: The use or cause of the use of any device that creates any ground vibration which is perceptible without instruments at any point beyond the property boundary of the source of the vibration. (11) Commercial districts: Businesses and public spaces in a Commercial District shall only be allowed to have an outdoor band, music or any type of amplified sound according to the following schedule: Monday: Between 10:00 a.m. to 10:00 p.m. Tuesday: Between 10:00 a.m. to 10:00 p.m. Wednesday: Between 10:00 a.m. to 10:00 p.m. about:blank 3/5 11/28/23, 10:15 AM Keller, TX Code of Ordinances Thursday: Between 10:00 a.m. to 12:00 a.m. the following Friday morning Friday: Between 10:00 a.m. to 12:00 a.m. the following Saturday morning Saturday: Between 10:00 a.m. to 12:00 a.m. the following Sunday morning Sunday: Between 10:00 a.m. to 11:00 p.m. (12) Motor vehicle idling: The operation of any engine of any motor vehicle with a manufacturer's gross weight specification in excess of ten thousand (10,000) pounds within a residential area or three hundred (300) feet of a residential structure for a period in excess of fifteen (15) minutes unless the vehicle is located in an enclosed structure. (Ord. No. 1734, § 2, 2-17-15; Ord. No. 2088, § 2, 9-20-22) Sec. 10-1320. - Reserved. Editor's note— Ord. No. 1734, § 2, 2-17-15; Ord. No. 2088 , adopted Sept. 20, 2022, repealed § 10-1320, which pertained to the commercial district noise curfew, and derived from Ord. No. 1734, § 2, adopted Feb. 17, 2015. Sec. 10-1330. -Affirmative defenses. It shall be an affirmative defense that the noise was as a result of the following activities: (1) A person at an authorized event; (2) A person operating a bell for a religious activity; (3) A person operating an emergency vehicle; (4) A person operating an audible warning device on a vehicle or train as required by state law; (5) A siren or other warning device emitting a noise for the purposes of warning the population of dangerous weather or other events. A noise from such a warning device is exempt regardless of whether the sound is made for the purposes of warning or testing; (6) A person operating equipment or making deliveries for site development or site preparation between 6:00 a.m. and 7:00 p.m. on Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday and Sunday or as such deliveries may be allowed in a Planned Development District or by other Keller ordinance; (7) A public performance, gathering, or parade for which a permit has been obtained from the City of Keller, so long as the event is within the requirements of the permit; or (8) Noise made to signal for emergency help. (Ord. No. 1734, § 2, 2-17-15; Ord. No. 2088, § 2, 9-20-22) about:blank 4/5 11 /28/23, 10:15 AM Sec. 10-1340. - Offenses. Keller. TX Code of Ordinances (1) A person commits an offense if the person creates a noise nuisance, as defined in this article, or uses sound generating equipment in violation of a provision of this article. (2) Notice. a. Generally. Prior to issuance of a court summons or ticket, a violator will be given notice to stop the noise or the source of the noise. b. No waiting period. If the violation does not cease after notice, the violator may receive a court summons or ticket on the same date as the original notice. c. Noticegood fora year. Once a notice is received, the violator will not be entitled to another warning notice for a noise violation at any time in the next year. d. Notice requirement not applicable to other offenses occurring contemporaneously. The requirement for notice does not apply to any other violation found while investigating a noise complaint. e. Notice requirement not applicable to vehicles. Notice is not required for noise violations emanating from vehicles. (Ord. No. 1734, § 2, 2-17-15; Ord. No. 2088, § 2, 9-20-22) Secs. 10-1341-10-1399. - Reserved. about:blank 5/5 DRAFT Attachment D Existing Mounds View Car Wash Noise Measurement Data Southlake Car Wash Noise Control - December 13, 2023 @11 esi engineering Acoustic Test Results Minneapolis, Minnesota I o: 952.831.4646 1 esi-engineering.com Project No: P2816 Analyzer: Larson Davis 831 s/n 4694 Project: Christianson Co. - Tommy's Car Wash Preamplifier: Larson Davis PRM831 s/n 070949 Location: Bloomington, MN Microphone: Larson Davis 377C20 s/n 320010 Engineer: R.L. Skoug Calibrator: Larson Davic CAL200 s/n 18322 Last Calibrated: December 9, 2021 Location: Tommy's Car Wash, Mounds View, MN Meteorology: Temperature: 26 °F Date: 2/8/2022 Wind Speed / Dir.: 6 MPH / SW Start Time: 10:06:49 AM Humidity: 69% End Time: 10:07:49 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 60.5 seconds Initial Calibration: 94.0 dB Final Calibration: 93.8 dB Measurements: File N. 2: 10' from a Running Vaccuum. Last Cal. Check: 2/8/22 @ 11:03 AM 831_Data.002 - LAeq 831 Data.002 - LAeq - Running Leq 9 1A 8 10:07:49 71.7 dBA 72.1 dBA 7 6 5 I I I I I 10:07:49 0 831_Data.002 - 1/1 Leq Spectrum + SLM - Linear 9 dB Q.ZL $ 0 N N 7 Q m a - 6 a� > m J � 5 ti ti ro 4 0_ a c o 3 co 250 (L) (A) 57.1 73.8 72.0 31.5 Hz 63 125 250 500 1K 2K 8K 16K (L) (A) 113 Octave Band Frequency, Hz L1.0: 72.7 dBA L50.0: 72.1 dBA L95.0: 71.7 dBA Leq: 72.1 dBA L10.0: 72.4 dBA L90.0: 72.1 dBA LMin: 71.4 dBA LMax: 72.9 dBA 831_Data.002 1/1 Leq Spectrum + SLM - Linear Hz dBA Hz dBA Hz dBA Hz dBA Hz dBA 31.5 64.5 dBA 125 55.9 dBA 500 60.5 dBA 2000 67.1 dBA 8000 63.3 dBA 63 64.7 dBA 250 57.1 dBA 1000 63.9 dBA 4000 65.4 dBA 16000 59.1 dBA Figure Al @li esi engineering Project No: P2816 Project: Christianson Co. - Tommy's Car Wash Location: Bloomington, MN Engineer: R.L. Skoug Acoustic Test Results Minneapolis, Minnesota I o: 952.831.4646 1 esi-engineering.com Analyzer: Larson Davis 831 s/n 4694 Preamplifier: Larson Davis PRM831 s/n 070949 Microphone: Larson Davis 377C20 s/n 320010 Calibrator: Larson Davic CAL200 s/n 18322 Last Calibrated: December 9, 2021 Location: Tommy's Car Wash, Mounds View, MN Meteorology: Temperature: 26 °F Date: 2/8/2022 Wind Speed / Dir.: 6 MPH / SW Start Time: 10:10:02 AM Humidity: 69% End Time: 10:13:12 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 190.2 seconds Initial Calibration: 94.0 dB Final Calibration: 93.8 dB Measurements: File N. 3: 57'-6" from the Exit. Last Cal. Check: 2/8/22 @ 11:03 AM Zero Degree Offset from Centerline. Blowers On (Blowers Off Time Extracted). 831_Data.003e - LAeq 831 Data.003e - LAeq - Running Leq - m 9 10:13:12 odBA 80.5 dBA 82.7 dBA N a� 8 m a 7 J m y 6 o - co 5 I 10:10:02 h.m.s. 10:11:02 10:12:02 10:13:02 Time, h.m.s. 0 831_Data.003e - 1/1 Leq Spectrum + SLM - Linear 9 d6 1000 (L) (A) 79.0 85.3 82.7 ZL $ N � Q m a 6 a J � 5 ti ti ro 4 a c o 3 co 31.5 Hz 63 125 250 500 1K 2K 8K 16K (L) (A) 113 Octave Band Frequency, Hz L1.0: 85.1 dBA L50.0: 82.7 dBA L95.0: 80.0 dBA Leq: 82.7 dBA L10.0: 84.1 dBA L90.0: 80.7 dBA LMin: 76.9 dBA LMax: 85.7 dBA 831 _Data.003e 1/1 Leq Spectrum + SLM - Linear Hz dBA Hz dBA Hz dBA Hz dBA Hz dBA 31.5 69.7 dBA 125 74.6 dBA 500 80.5 dBA 2000 74.3 dBA 8000 60.8 dBA 63 72.2 dBA 250 77.0 dBA 1000 79.0 dBA 4000 68.2 dBA 16000 50.7 dBA Figure A2 @li esi engineering Project No: P2816 Project: Christianson Co. - Tommy's Car Wash Location: Bloomington, MN Engineer: R.L. Skoug Acoustic Test Results Minneapolis, Minnesota I o: 952.831.4646 1 esi-engineering.com Analyzer: Larson Davis 831 s/n 4694 Preamplifier: Larson Davis PRM831 s/n 070949 Microphone: Larson Davis 377C20 s/n 320010 Calibrator: Larson Davic CAL200 s/n 18322 Last Calibrated: December 9, 2021 Location: Tommy's Car Wash, Mounds View, MN Meteorology: Temperature: 26 °F Date: 2/8/2022 Wind Speed / Dir.: 6 MPH / SW Start Time: 10:23:00 AM Humidity: 69% End Time: 10:24:07 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 67.4 seconds Initial Calibration: 94.0 dB Final Calibration: 93.8 dB Measurements: File N. 4: 54' from the Exit. Last Cal. Check: 2/8/22 @ 11:03 AM 45 Degree Offset from Centerline. Blowers Drying 3 Cars (Blowers Off Time Extracted). 831_Data.004e - LAeq 831 Data.004e - LAeq - Running Leq - 9 m a 10:24:07 odBA 76.5 dBA 78.7 dBA N a� 8 a I 7 � I y I 6 a o II I 5 I 10:23:00 h.m.s. 10:23:30 10:24:00 10:24:30 Time, h.m.s. 0 831_Data.004e - 1/1 Leq Spectrum + SLM - Linear 9 dB 1000 (L) (A) 75.5 82.1 78.7 6 N N m a 6 a J � 5 ti ti ro 4 a c o 3 co 31.5 Hz 63 125 250 500 1K 2K 8K 16K (L) (A) 113 Octave Band Frequency, Hz L1.0: 80.7 dBA L50.0: 78.6 dBA L95.0: 76.7 dBA Leq: 78.7 dBA L10.0: 80.0 dBA L90.0: 77.3 dBA LMin: 66.4 dBA LMax: 81.0 dBA 831 _Data.004e 1/1 Leq Spectrum + SLM - Linear Hz dBA Hz dBA Hz dBA Hz dBA Hz dBA 31.5 70.9 dBA 125 74.2 dBA 500 74.4 dBA 2000 71.3 dBA 8000 58.1 dBA 63 72.1 dBA 250 73.7 dBA 1000 75.5 dBA 4000 64.4 dBA 16000 48.3 dBA Figure A3 @l�esi engineering Acoustic Test Results Minneapolis, Minnesota I o: 952.831.4646 1 esi-engineering.com Project No: P2816 Analyzer: Larson Davis 831 s/n 4694 Project: Christianson Co. - Tommy's Car Wash Preamplifier: Larson Davis PRM831 s/n 070949 Location: Bloomington, MN Microphone: Larson Davis 377C20 s/n 320010 Engineer: R.L. Skoug Calibrator: Larson Davic CAL200 s/n 18322 Last Calibrated: December 9, 2021 Location: Tommy's Car Wash, Mounds View, MN Meteorology: Temperature: 26 °F Date: 2/8/2022 Wind Speed / Dir.: 6 MPH / SW Start Time: 10:35:04 AM Humidity: 69% End Time: 10:35:30 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 26.6 seconds Initial Calibration: 94.0 dB Final Calibration: 93.8 dB Measurements: File N. 6: 48'-4" from the Entrance Door. Doors Open. Last Cal. Check. 2/8/22 @ 11.03 AM Zero Degree Offset from Centerline. Only Entry Automated Greeting and Blowers. ,,FREN :I 10:35:04 h.m.s. 10:35:14 10:35:24 10:35:34 Time, h.m.s. 0 831_Data.006e - PA & Blowers - 1/1 Leq Spectrum + SLM - Linear 9 m dB o $ Q. 0 N N Q m a - 6 a� m J 0 5 ti ti m 4 Q. a c o 3 co 1000 (L) (A) 68.0 75.3 71.8 ■ 31.5 Hz 63 125 250 500 1K 2 8K 16K (L) (A) 113 Octave Band Frequency, Hz L1.0: 76.9 dBA L50.0: 71.4 dBA L95.0: 67.6 dBA Leq: 71.9 dBA L10.0: 73.6 dBA L90.0: 68.4 dBA LMin: 64.6 dBA LMax: 80.8 dBA 831 Data.006e - PA & Blowers 1/1 Leq Spectrum + SLM - Linear Hz dBA Hz dBA Hz dBA Hz dBA Hz dBA 31.5 65.2 dBA 125 64.5 dBA 500 67.9 dBA 2000 65.1 dBA 8000 55.8 dBA 63 65.2 dBA 250 66.7 dBA 1000 68.0 dBA 4000 57.8 dBA 16000 51.9 dBA Figure A4 @l�esi engineering Project No: P2816 Project: Christianson Co. - Tommy's Car Wash Location: Bloomington, MN Engineer: R.L. Skoug Acoustic Test Results Minneapolis, Minnesota I o: 952.831.4646 1 esi-engineering.com Analyzer: Larson Davis 831 s/n 4694 Preamplifier: Larson Davis PRM831 s/n 070949 Microphone: Larson Davis 377C20 s/n 320010 Calibrator: Larson Davic CAL200 s/n 18322 Last Calibrated: December 9, 2021 Location: Tommy's Car Wash, Mounds View, MN Meteorology: Temperature: 26 °F Date: 2/8/2022 Wind Speed / Dir.: 6 MPH / SW Start Time: 10:56:20 AM Humidity: 69% End Time: 10:57:46 AM Calibration Check: Calibration Frequency: 1 kHz Run Time: 86.0 seconds Initial Calibration: 94.0 dB Final Calibration: 93.8 dB Measurements: File N. 9: 8'-6" from 1 Open Sidewall Louver. Last Cal. Check: 2/8/22 @ 11:03 AM Southwest Side of the Building. Blowers On (Blowers Off Time Extracted). 831_Data.009e - LAeq 831 Data.009e - LAeq - Running Leq - m 9 a 10:57:46 odBA 72.8 dBA 76.0 dBA N a� 8 aoWA a 7 J N y N 6 o 5 I I 10:56:20 h.m.s. 10:56:50 10:57:20 10:57:50 Time, h.m.s. 0 831_Data.009e - 1/1 Leq Spectrum + SLM - Linear 9 dB 1000 (L) (A) 72.9 81.0 76.1 6 N N 7 Q m a 6 a J � 5 ti ti ro 4 a c ■ o 3 co 31.5 Hz 63 125 250 500 1K 2K 8K 16K (L) (A) 113 Octave Band Frequency, Hz L1.0: 77.3 dBA L50.0: 76.0 dBA L95.0: 74.8 dBA Leq: 76.0 dBA L10.0: 76.8 dBA L90.0: 75.1 dBA LMin: 73.5 dBA LMax: 77.7 dBA 831 _Data.009e 1/1 Leq Spectrum + SLM - Linear Hz dBA Hz dBA Hz dBA Hz dBA Hz dBA 31.5 73.7 dBA 125 71.1 dBA 500 73.1 dBA 2000 67.0 dBA 8000 52.5 dBA 63 68.0 dBA 250 73.2 dBA 1000 72.9 dBA 4000 59.1 dBA 16000 45.9 dBA Figure A5 DRAFT Attachment E Hilltop Concrete Sound Transmission Loss Test Report Southlake Car Wash Noise Control - December 13, 2023 . 51•��4�� •_y�y}��� v \gr 35ilea ltlrrlt furRtnniirn SRHE :rkul.'f [l,•+i i '1urltt3 '1;-u.il _1011:n . -aM 14%3nrl,iM,4L »cILsIr[,O \,�a-.• '..�r.s--1k,t:741. . '.f9,r1t]rrn ;Yc1»lrt_1,;rmicn 4.iJif0mla 904;)-4 k1�0) 4`C-- �� .;�37 � �-��{?� S3`C: '.�rt[j} Gentlexuer�: Barriers are often used by acoustician$ and wise control engineers to reduce the aolse from sources such as traffic, railroads, mechanical equipment, and many others. The noise. reduction is ac hiaved because the sound rnu-gt diffract over the top or around the sides of the barrier. This diffraction scatters the sound so that less of it reaches the listener. The practical limit of noise reduction which can be achieved by means of a barrier is 24 dS. Vvrherx choosing a barrier structure, the engineer wants to be sure that the sound which goes through the barrier is insignificant in coznparisou vuith the soured which diffracts over the barrier_ Since the limit of noise reduction for a barrier is 24 dB, if a barrier provides a transmission loss of about 34 dB, this concUtion is assured. However, in most practical applications of barriers, the noise reduction ' idnich is achieved is Tuach less than 24 dB, especially at low frequencies. In these situations, transrrdssion losses of much less than :34 dB are quite adequate. According to Western Electro-Acoustic Laboratory, Inc. (VYCAL) Soured Transmission Loss Test Deport TL95-1, your product achieves transmission loss (TL) of greater than 34 dB in most one-third octave bands above 80 H- A. traxtsirniission loss of 29 dl3 was measured at SO Hz. Even if the barrier cordigt_txation was such that a xioise reduction of 24 dB was achieved at SU Hz (which is very uni ikel y), the fact that your product has a TL of 29 dB in that band would only compromise the noise reduction by 1 dB to 23 dP. in conclusion, I would say that your product could f mction as barmier structure in almost every conceivable situation. As an acoustical consultant, I w[]uld not have any hesitation to approve your product to be used for any specified barriers. if you have any questions or if; vA-- can be- of Further assistance, please feel free to call. Sincerely, ice. ^ -� r G Ei. Mange C Acoustical Engineer A-1 A1B MICFCCR'rJ-TR — r, L -7 4 ; -7 +ry R Page I of 2 26 April 1995 S OTLTNE TIZANSNIIS SIGN EOS S TEST` NO. 7E95-f 46 'PEST iP r-- 19 Aprsl 1995 I trMOI)iJC.'>C'l OK The methods and procedures used for this test conform to the provis%oaas and re Taircments of AS—rM Procedure I-90-90, StarulardT&-st Method- ftw LabortstoryMeaszavnmnr afAubvrne Sound fission -=s afBuflciingPW%Warss. Details of the procedure will be furnished upon request. The test cb.mnber source and receiving rod>m volurac are 79.9 and 78 cubic meters respectively. Western Electro Acoustic Laboratory is acP+;ited by the Umdled States Department of Co exc.,--r National irietitute of standards and Technology under the NatiomE-Vahmtary ,A,,editation Program (DTVI_. kP) for this test procedure. Tbhis[ test report relaxes only to the itena(s) tested- Any adveriismg which utilizes this test report or test data must not imply product certification or endorsement by FALL TQVI-A-P, WIST or the US. Government_ D (M)t>l nc)w OF TEST SPIE?C RVIIKN The test speciunea vras an American. Technoc:rete Garporation precast vonccrete wall system. The specimen wass asslxTibledi by inserting 12 inch (0.3 m) high stem rrinforoed, tongue and groove concrete pads doom the tracks of two "I" shaped come posts spaced 5 feet (1.52 m) on cater. Can the tongue of each panel a thick bead of sa]icone v«as applied to seal into the groove of th+e ne,3t panel. or tap cap. After the specsrnen was assembled, a duck bead of silicone was aLppIieti to tJ Ni rticsl faints at the posts on one side of the specimen only. The spep6meu wBLS sealed into the test chamber operag w3tb a heavy duct seal putty around the entire perimeter on both sides. The not outside frame dbmensicns of the assembly were 64 inches (1_63 m) wr9de by 73 inches (1.55 m) higb. The oven -all 'V�eight Of the as& mbly voas 342 lbs. (382 kg) for a calculated surface dei sity of 26_0 lbs.lW(127 kglm2). RF-SXMTS OF TIME l fFAC Cut -third octave band sound trans i on loss values - are tabulated on the attached sheet. ASTb4 m+*l?mum volume regLxiu- -M4xe its are mat at 125 K-z and above. The Sound Transmission Glass rating determmed in accordance with AST'Ivi E-413 was STC-35. Respectfully silibmiacd, Approved: Westeru T-71eccro-Acoustic Laboratory, Inc. Jose Grte a—EaGaz y ] angel �yyryryS1 � GC Rrc6[T EL7 9Y THE �_ATIONA.!_ BUREAU OF STrkr,i R'.75. VATIpNAL. '--O LU NTARY L.,kao RA roR'% JV 'J CCRF-C] TA?�Qla PR043RAM -VN SELBCTEO TEST M :-r009 4R 3GO 1STlCS- 4 WESTERN ELECTRO-ACCUSTIC LABORA79RY, IMC. Report No- TL95-1415 Pa e 2 of—2 0 7T u Ir IL m ti7l �T� C10 t a u T-ed a a A. .. ..... Owl . 4.i . . ...... ..... ... ... ... T --4 40 Ell) -.J . ... ...... .. ...... 3 30 . .. ......... . .. 20 ----------- -- - .......... K 0 63 125 250 500 1000 2000 4000 8000 FREQUENCY IN HERTZ 113 OCT BMD CNTR FREQ 3 60 100 I25 115ol zin: 250 315 400 500 TL in dB 22 29 32 36 32 32 34 36 37 38 95% Confidence in d8 3-93 2.77 4.57 2-30 1-18 1.5410-90 0.70 0.97 0.74 def i ci enci e5 1/3 OCT BND CNTR FOEQ 630 800 1000 1250 1600 2000 2500 3150 4000 500O TL in dB 38 37 33 33 35 36 37 36 37 34 95% Confidence in d3 0-61 0,51 0.48-0.73 0,43 0-53 0-42 0.39 0,47:0,44 def1clencles 1 (0) (5) 1 (6) (4) (3) (2) (3) (2) FWR 01TC1 Specimen Area: 32.44 sq.ft. STC 35 40 35 Temperature: 70.7 deg- F (25) Relative Humiditv- 57 % Test Date: 19 April 1995 ACCREDITED SV THE NATIQNAL PVPF�AU OF STANDARDS, NAP D MAL VC LUNTARY LABO RATOMY DRAFT Attachment F Tommy Car Wash Systems - Blower VFD Noise Report Southlake Car Wash Noise Control - December 13, 2023 TOMMY CAR WASH SYSTEMS Tommy Car Wash Systems 1 581 Ottawa Ave. I Holland, MI 49423 1 tommvcarwash.com.com Sound Level Testing — Hudsonville 5/18/21 Introduction Measurements of sound levels were collected on site to record noise levels generated by the standard 18 blower motor configuration at the wash exit. Measurements were taken between 10:00pm and 12:00am on May 18th at the Hudsonville Location. Instrumentation & Procedure Measurements were recorded using an Extech Instruments Model 407730 Sound Level Meter. This meter is calibrated and meets the standards of the National Institute of Standards and Technology and conforms with ISO 10012 and ANSI Z540-1-1994. Sound levels were recorded both at ground level as well as at a height of 5 feet off the surface. Measurements were recorded as an average of a 5 second period at each point. Samples were recorded with minimum possible ambient noise pollution when applicable and with the standard blower motor configuration. Procedure was repeated with blower motor frequency adjusted in 10Hz increments from 60Hz to 10Hz. Atmospheric & Ambient Conditions Atmospheric data is taken from the weather station at Gerald R. Ford International Airport and is shown in Table 1. Ambient sound levels were recorded at the maximum distance from the tunnel exit with all wash functions turned off. Ambient sound levels ranged from a minimum of 50clB to a maximum of 60clB. It should be noted that while efforts were made to prevent contamination of data from ambient conditions, some noise pollution from the environment was unavoidable. Table 1: Environmental Conditions During Test Period Average Avg. WindAvg. Wind Precipitation Ambient Time & Date Temp Relative Direction Speed (in) Sound Level (F) Humidity (MPH) (dB) 10:00pm- 12:00am 67 64.5% E 4.6mph 0 50-60dB May 1811, 2021 Results Recorded data for each position at ground level is shown below in Table 2. This data is displayed in Figure 1. Recorded data for each position at Sft height is shown below in Table 3. This data is displayed in Figure 2. Figure 1: Measured Sound Pressure Levels at Ground Height Sound Pressure Levels at Sft Height 60hz 50hz 40hz 30hz 20hz 10hz Ambient Minimum 110 100 m g 90 a a J N p N 80 VI N L a c '0 70 tN N L 3 w 60 2 50 40 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 Distance From Tunnel Exit (ft) Table 2: Measured Sound Levels at Ground Height Distance (ft) 60hz 50hz 40hz 30hz 20hz 10hz 0 104.8 99.1 94.5 86.9 77.4 64.1 5 102.8 97.2 91.2 84.6 75.1 60.7 10 98.9 93.3 87.6 80.7 71.9 60.4 15 97.0 91.6 85.7 78.4 70.8 59.1 20 95.6 89.6 84.1 76.3 68.3 58.2 25 92.9 88.3 81.9 75.9 65.7 54.2 30 92.3 87.1 80.8 73.6 65.1 55.9 35 89.9 86.4 78.9 72.6 63.2 54.2 40 88.4 84.0 77.8 71.5 62.0 52.6 45 86.2 83.2 76.7 70.5 60.5 54.5 50 86.0 82.1 75.4 69.2 59.3 55.9 55 85.1 81.4 74.5 67.7 58.6 53.3 60 82.6 78.2 72.4 66.6 55.6 50.5 65 78.4 73.9 69.3 62.8 54.5 50.9 70 77.6 74.8 68.5 61.9 54.2 52.2 75 77.6 73.3 67.4 61.0 53.6 53.3 80 76.4 72.5 67.2 59.9 52.8 53.6 85 73.6 70.5 64.2 60.8 52.3 53.6 Table 3: Measured Sound Levels at 5ft Height Distance (ft) 60hz 50hz 40hz 30hz 20hz 10hz 0 103.4 98 92.7 85.4 76.8 62.7 5 99.9 94.5 88.5 82 73.6 60.5 10 96.1 91.2 85.2 78.8 70.2 57.8 15 94.2 88.6 82.7 75.6 68.8 58.8 20 92.3 86.8 81.2 74.2 65.5 54.8 25 91.1 85.6 79.1 72.7 63.3 52.9 30 89 83.8 77.6 71.1 62.9 53.9 35 87.4 83.5 76.6 70.7 60.4 53 40 87.2 82.6 75.9 70.1 59.8 52.9 45 86.5 81.2 75.1 69.7 59.5 56.1 50 85.7 80.5 73.6 67.6 58.1 56.1 55 84.9 79.4 72.8 67.1 57 52.9 60 83.5 78.2 71.9 64.7 56.3 52.6 65 80.8 75.6 70 62.1 55.1 50.7 70 80.4 75.9 69.1 62.3 54.2 53.9 75 79.3 74.5 69.1 61.5 53.3 52.5 80 77.8 73.8 67.5 59.8 53.3 52.1 85 75.6 71 64.8 59.1 54.5 51.7 Conclusions By varying the frequency of the blower motor, it was possible to achieve sound pressure levels which did not exceed the ambient conditions at the maximum recorded distance. It was not possible to record the true sound level at these positions due to ambient sound conditions. DRAFT Attachment G Tommy Car Wash Systems - Vacuum Muffler Noise Report Southlake Car Wash Noise Control - December 13, 2023 TOMMY CAR WASH SYSTEMS Tommy Car Wash Systems 1 581 Ottawa Ave. I Holland, MI 49423 1 tommycarwash.com TCWS Muffler Report Introduction: Vacuum mufflers were tested at TX Hudsonville for 2 weeks' time. The goal of this test, was to test three types of mufflers on site to attempt to reduce the noise output of the vacuums without loss of performance. Methodology: Performance of the mufflers were tested with 4 criteria 1. Noise reduction (dB) 2. Additional Maintenance necessary / clogging (Yes or No) 3. Suction loss (kPa and % loss) 4. Aesthetics (Great, Good, Fair, Poor) Results: Test results based on Methodology 1. BASELINE RESULTS (No mufflers attached) a. Noise i. Ambient (no vacs running): 65.7 dB (See figure 1.1) ii. Running Vac with no muffler: 88.1 dB (See Figure 1.2 b. Additional Maintenance necessary / clogging: NO c. Suction: 50 kPa/ 0% d. Aesthetics: Great 1 TOMMY CAR WASH SYSTEMS FIGURE 1.1 FIGURE 1.3 2. P-VAC-334 RESULTS FIGURE 1.2 T; MY CAR WASH SYSTEMS a. Noise reduction (dB): i. Reading: 77.6 dB (See Figure 2.1) ii. Reduction: 10.5 dB b. Additional Maintenance necessary / clogging i. Yes: Minor (additional maintenance and clogging) 1. Reverse pulse vacs to help with this 2. Wash Mufflers to help with this c. Suction loss (KPa and %) i. Reading: 40kPa (see Figure 2.2) ii. Loss: 10kPa — 20% loss in suction d. Aesthetics i. Good (See Figure 2.3) Figure 2.1 3 Figure 2.2 f T; MY CAR WASH SYSTEMS a. Noise reduction (dB): i. Reading: 79.1 dB (See Figure 3.1) ii. Reduction: 9 dB b. Additional Maintenance necessary / clogging 1. Yes: Minimal (additional maintenance, no clogging) a. Eventually replace filter of muffler. c. Suction loss (KPa and %) i. Reading: 50kPa (see Figure 3.2) ii. Loss: OkPa — 0% loss in suction d. Aesthetics i. Fair (See Figure 3.3) 3.1 FIGURE 3.2 FIGURE 5 P2991 Christianson Companies — Southlake, TX Car Wash l�lll �l es i engineering DRAFT — Car Wash & Surrounding Area Zoning Map December 13, 2023 Car Wash Project Site and Surrounding Zoning Map 4 Keller, TX • Southlake, TX 10 i Single Family Residential 1 N I I Low Density Residential 6m mo6J TIE i'V tN L A o i i • . a rhea • �, • - • Public / Semi - Retail • — Public il� 7 i. Office • � I i I F • �• Commerical i Office O v M oc r Retail Commercial Commerical t Medium in IL . Density Medium Density Residential City of Southlake Noise Code •I I �: ,_ Property Day Night Sundays Receiving (7AM-9PM) (9PM-7AM) Structures I Vibration I Noise I Monitoring lResidential' 60dBA 55dBA 55dBA ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 '_ 952.831,4646 1 esi-engineering.com Commercial 70 dBA 65 dBA 65 dBA v ° , P2881 ChhsUansonConnpan|es—South|ake.TXCarVVash UU UU ��'��U engineering DRAFT — Car VVashNoise Contour Plot —AUSources.NoM|t|ga�on m����U x�*UU���UUU»��»��U UUU«�� � Car Wash Noise Contour Plot - All Sources On, No Mitigation 55 55 ------------------------- 68 10 NOISE LEVEL KEY Structures | Vibration | Noise | Mmn|uwMmg ESa Engineering Inc. 7831 slenm,unaV Suite 218, Minneapolis, mmss*oe 952.831.46461om-onumon,mu.cvm P2991 Christianson Companies — Southlake, TX Car Wash es engineering DRAFT — Car Wash Noise Contour Plot — All Sources, No Mitigation December 13, 2023 Car Wash Noise Contour Plot - All Sources On, North 6' Masonry Wall 54 - --------- 55 52 53 --------------- 6'Tall Masonry 57 Fence Location 58 63 --- --- - --- oP N NOISE LEVEL KEY 85 dBA - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 --------- < 85 dBA < 80 dBA < 75 dBA < 70 dBA 62 < 65 dBA --- 60 < 60 dBA < 55 dBA < 50 dBA --- 64 65 < 45 dBA < 40 dBA <35dBA Structures I Vibration I Noise I Monitoring ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 952.831.4646 1 esi-engineering.com P2991 Christianson Companies — Southlake, TX Car Wash es i engineering DRAFT — Car Wash Noise Contour Plot — All Sources, 40 Hz Blowers, 6' North Fence December 13, 2023 Car Wash Noise Contour Plot - All Sources On, Blowers at 40 Hz, North 6' Masonry Wall Structures I Vibration I Noise I Monitoring ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 952.831.4646 1 esi-engineering.com P2991 Christianson Companies — Southlake, TX Car Wash es i e n g i n e e r i n g DRAFT — Car Wash Noise Contour Plot — All Sources, 40 Hz and Vacuum Muffs, 6' North Fence December 13, 2023 Car Wash Noise Contour Plot - All Sources On, Blowers at 40 Hz, Vacuum Mufflers, North 6' Masonry Wall Structures I Vibration I Noise I Monitoring ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 952.831.4646 1 esi-engineering.com P2991 Christianson Companies — Southlake, TX Car Wash es i e n g i n e e r i n g DRAFT — Car Wash Noise Contour Plot — All Sources, 40 Hz and Vacuum Muffs, 8' North Fence December 13, 2023 Car Wash Noise Contour Plot - All Sources On, Blowers at 40 Hz, Vacuum Mufflers, North 8' Masonry Wall Structures I Vibration I Noise I Monitoring ESI Engineering Inc. 7831 Glenroy Road Suite 218, Minneapolis, MN 55439 952.831.4646 1 esi-engineering.com