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2018-065 Noise ComplaintsDate: May 25, 2018 Report No. 2018-065 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide information on noise complaints and buffer requirements in the Denton Development Code. EXECUTIVE SUMMARY: As a concluding item at the April 24, 2018 City Council meeting, Council Member Briggs requested information on noise complaints received for bars and restaurants, and whether there would be changes related this issue in the Denton Development Code (DDC) update. The purpose of this informal staff report is to provide that information and discuss the process for responding to those complaints by the Police Department. The City received 42 noise complaints from October 1, 2017 to April 30, 2018 with a majority of complaints resulting in the issuance of a warning. The DDC currently requires a buffer between commercial and residential property and the Development Code Review Committee is discussing options for changing the buffer requirement to add more flexibility in the type of buffer while still meeting the goal of mitigating potential nuisances. Staff will continue to provide updates through the DDC process and can provide any further information as requested by Council. DISCUSSION: The City of Denton received 1,063 noise complaints from October 1, 2017 to April 30, 2018 and 6.6 percent of complaints were related to commercial properties. Tables 1 and 2 provide detail the type of business and disposition of the noise complaints received for commercial properties. The process for officers to determine whether a noise complaint is a violation of the noise ordinance is to use a decibel meter. If the noise exceeds 65 a-weighted decibels (dba) at 50 feet from the noise source or the established perimeter of an event for outdoor festivals then it constitutes a violation. There are some other measurements for bass reverberation but is used less frequently. Type Calls Percentage Restaurant/Bar 42 60% Carwash/Laundromat 2 3% Event Venue 8 11% Retail Store 7 10% Storage Facility 1 1% Warehouse 10 14% Total 70 100% Table 1. FY17-18 YTD Calls by Commercial Location Date: May 25, 2018 Report No. 2018-065 Call Disposition Calls Percentage Call Disregarded by Citizen 2 3% Offense Report Made 2 3% Unable to Locate a Noise Disturbance 8 11% Warning Issued 58 83% Total 70 100% Table 2. FY17-18 YTD Commercial Call Disposition Denton Police Department’s (DPD) normal response is to contact the property owner or tenant. When there is a violation, the first step is to use warnings to gain compliance. Repeat calls in the same night, or an on-going issue with frequent calls over a period of time result in increased enforcement, such as a citation. Arrests are rare, and typically confined to instances where the owner or resident is uncooperative, or has committed another criminal violation. DPD provides status updates to the complainant(s) when requested. There is not a maximum number of complaints allowed per individual and DPD responds to every complaint that is made. If the noise complaint is determined not to be a violation, the officer often contacts the business and notifies them of the complaint. The majority of the music venues and bars want to be notified of complaints, so they are aware and can monitor the volume. State law regarding disorderly conduct can be used when the decibel levels are not exceeding the limit, but the circumstances (time of day, location, repeat calls, etc.) warrant some enforcement. Bars and restaurants are permitted in areas that are appropriately zoned for that type of use and would continue to be permitted through the DDC update if the use is compatible with the zoning. There is a requirement for a buffer zone in instances where different development uses are adjacent to each other. Currently in the Development Code, there is a buffer requirement between commercial and residential property to “mitigate or minimize potential nuisances such as noise… and to provide a transition between uses that may not be compatible with each other.” The minimum buffer requirement between commercial and residential uses is a 15 foot planted strip that includes a combination of six evergreen and deciduous trees, and 25 shrubs per 100 linear feet (Figure 1). Figure 1. Current Buffer Requirement Date: May 25, 2018 Report No. 2018-065 Revisions to the buffer requirement are being considered by the Development Code Review Committee that would allow more flexibility in the type of buffer while still meeting the goal of mitigating potential nuisances. STAFF CONTACT: Sarah Kuechler Director of Public Affairs Sarah.Kuechler@cityofdenton.com 940-349-8356