To: Mark R. Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
Consider an ordinance approving an amendment to the City of Keller Code of Ordinances Chapter 10 - Miscellaneous Provisions by amending Article VIII - Noise Ordinance; providing a repealing clause; providing a maximum penalty of $200.00; providing a severability clause; and establishing an effective date.
Background:
A recent Specific Use Permit request for Indoor Entertainment in the Old Town Keller zoning district triggered a Planning & Zoning Commission discussion on noise impacts on nearby residential properties. City Council conducted a work session on the topic on June 7, 2022 and heard input from Community Development and Police Department staff, who recommended removing the existing reasonableness criteria for evaluating noise nuisances. Staff proposed implementing specific daily cutoff times for outdoor music in commercial zoning districts, which include those adjacent to residential uses and mixed-use districts (like Old Town Keller and Town Center).
City Council first considered the proposed ordinance on August 2, 2022 and tabled the item to allow time for further input from the public and local business owners. The feedback received since the August 2nd discussion has been incorporated into the updated proposed code amendments. In particular, the proposed time to cut-off outdoor entertainment on Thursdays was changed from 10:00pm to 12:00am and Sundays from 10:00pm until 11:00pm.
Analysis:
Community Development and Police Department staff identified several sections of the existing noise ordinance that are problematic:
• Current ordinance defines a commercial district as a district designated for uses other than residential and includes Town Center, Old Town Keller and Planned Developments as examples of commercial districts. All of these districts have existing, and encourage future, residential components.
• Current ordinance states that “unreasonable noise” is “prohibited in or near residential areas,” which is challenging for enforcement purposes. Determining what is “reasonable” is a subjective decision likely to differ amongst the Police Officers tasked with applying the ordinance.
• Current ordinance allowed for outdoor music until 2 a.m. at businesses in commercial districts on Thursday, Friday and Saturday evenings.
Summary of Code Amendments:
Section 10-1300:
(e) Commercial district. A district as described in the City of Keller Unified Development Code for uses that may or may not include other than residential uses. Examples of this district would include, but are not limited to, O, NS, R, TC, C, IP, LI, PD, SUP, OTK, N377 and KATY ROAD.
Section 10-1310(11):
(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 11:00 p.m. 10 p.m.
Tuesday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Wednesday: Between 10:00 a.m. to 11:00 p.m. 10 p.m.
Thursday: Between 10:00 a.m. to 2:00 a.m. 12:00 a.m. the following Friday morning
Friday: Between 10:00 a.m. to 2:00 a.m. 12:00 a.m. the following Saturday morning
Saturday: Between 10:00 a.m. to 2:00 a.m. 12:00 a.m. the following Sunday morning
Sunday: Between 10:00 a.m. to 11:00 p.m.
Section 10-1320:
Commercial district noise curfew:
The following curfew is in addition to all other requirements of this article and does not replace or provide a defense for violating any other provision of this article.
Commercial district entities utilizing an outdoor band, music or any type of amplified sound will not be allowed to operate such equipment before 10:00 a.m., or after 11:00 p.m., Sunday, Monday, Tuesday and Wednesday and before 10:00 a.m., or after 2:00 a.m. on Thursday, Friday and Saturday.
Financial Impact:
N/A
Citizen Input/Board Review:
Staff reached out to all restaurants/bars in the Old Town Keller zoning district that are known to host live music. Earlier opposition from one property owner and two business owners in OTK was resolved by changing the cut-off for outdoor entertainment on Thursday and Sunday evenings. As of today, staff is not aware of any other opposition.
Amendments to the Code of Ordinances do not require a Public Hearing. People wishing to comment on this item will have an opportunity during “Persons to be Heard.”
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Deny