Noise Ordinance Update PS&I 4/12/2018

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1 Noise Ordinance Update PS&I 4/12/2018 1

2 Noise Ordinance Update Questions/issues from previous PSI meeting Incentivizing mitigation of existing mechanical equipment noise Changing building code for more sound proof construction What is end goal 10% reduction of complaints? Struggling with lower level in EDGE Larger version of noise district map Documentation of street performer complaints Breakdown of where complaints are coming from Info on pool pump and AC noise Allow Bill Foster to discuss Jannus Live with Committee 2

3 Noise Ordinance Update Response to Amending Building Code to Require Sound Proofed Buildings Requires technical amendment to building code May conflict with affordable housing initiatives. Could add significant cost to units (F.B.C. already adds significant cost in coastal areas for wind load requirements and energy efficiency) What level of sound proofing? Noise sources can change Retrofit existing units? Who pays? Proposed sound levels allow reasonable expectation of noise impacts new residential projects can plan accordingly Allowable noise information will be provided at time of building permit application in mixed-use areas 3

4 Noise Ordinance Update Balancing Interests Growing the Entertainment and Cultural Sector Quality of Life Protecting Residents and Hotel Visitors From Excessive Noise 5

5 Noise Ordinance Update Health Effects associated with noise Psychological Stress: anger, displeasure, exhaustion, and stress related symptoms. Cardiovascular disease: hypertension, ischemic heart diseases, stroke, high blood pressure, high blood glucose concentrations. Sleep disturbance: impaired mood, subjectively and objectively increased daytime sleepiness Cognitive performance: children exposed to low frequency noise have significantly more problems with concentration and memory. Sources: (National Center for Biotechnology Information) 8

6 Sustainability Initiatives Noise Ordinance Update Star Communities evaluates Ambient Noise & Light St. Petersburg received 1.2/5 (bottom 50 th percentile) Criteria for improving score: Demonstrate that daytime ambient noise levels do not exceed 60dBa in target residential areas. Show progress toward locally identified ambient noise targets in commercial areas. Additional Criteria Adopt a community noise policy, ordinance, or regulation based upon a local assessment. Educate the public about standards, effects of excessive exposure, and mitigation techniques Create partnerships to address sources of noise pollution. Develop a database of noise complaints and noise measurements. Establish clear lines of authority for the enforcement of nuisance noise violation relative to different noise sources. Mitigate construction site noise impacts 9

7 Noise Ordinance Update Noise Complaint Data 16,417 noise complaints since : 3, : 3, : 3, : 2, : 2,534 District 6: 4,878 District 7: 3,322 District 4: 1,741 District 2: 1,621 District 8: 1,576 District 5: 1,391 District 3: 980 District 1: citations during that period of time 10

8 Noise Ordinance Update 6000 Noise Complaints by timeframe a.m.-12p.m. 12p.m.-3p.m. 3p.m.-6p.m. 6p.m.-9p.m. 9p.m.-12a.m. 12a.m.-3a.m. 3a.m.-6a.m. 6a.m.-9a.m. 11

9 Current Ordinance Noise Ordinance Update Plainly Audible How far the sound can be heard Ranges from Adopted in 2008 Dependent on time of operation, location, and type of noise generator Quieter restrictions between *11p.m. and 8a.m. (*12a.m. Friday, Saturday, before Holiday) Penalties 1 st violation Class 1 fine of $ nd violation within a year $ rd violation within a year is $

10 Noise Ordinance Update 3,000 feet 13

11 Noise Ordinance Update 1,000 feet 14

12 Public Parks Noise Ordinance Update 5,000 feet 15

13 Noise Ordinance Update 16

14 Noise Ordinance Update Main elements of the framework Decibel based with dba and dbc Residential limits DC-Core/ DC-1 limits Mixed-Use limits Parks and Street Closure limits Amplified Street Performer limits Mechanical Equipment limits Penalties Progressive Administration Noise Enforcement Officers Noise Board Other Considerations Noise Site Special Exception Temporary Event Use Permit Sidewalk Speaker Cut-off Times Outdoor Performance Venue Use Exempt City Events and City Co-Sponsored Events Codify 10pm cut off time 17

15 Decibel Levels Proposed Decibel limits: Residential - db s measured at the property line, 30 second reading 60dBA/65dBC 11a.m.-11p.m. 55dBA/60dBC 11p.m.-11a.m. Mixed-Use db s measured at the property line, 30 second reading 70dBA/75dBC 8a.m.-*11p.m (12 a.m. Friday, Saturday, before Holiday) 65dBA/70dBC *11p.m.-8a.m. (12 a.m. Friday, Saturday, before Holiday) DC-1 db s measured at prop. line, 30 sec. reading 75dBA/80dBC 8a.m.-*11 p.m.(12a.m. Friday, Saturday, before holiday) 65dBA/70dBC *11p.m.-8a.m. (12a.m. Friday, Saturday, before holiday) DC Core db s measured at prop. line, 30 sec. reading 85dBA/87dBC 8a.m.-*11 p.m.(1a.m. Friday, Saturday, before holiday) 65dBA/70dBC *11p.m.-8a.m. (1a.m. Friday, Saturday, before holiday) 19

16 Decibel Levels Daytime 70dBA 8am-11pm 12am Fri, Sat, Holiday Nighttime 65dBA 11pm-8am Beach Drive/DC-3 dba 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 55 1st Study 2nd Study 3rd Study Evening 3rd Study Night 3rd Study Late Proposed Day Proposed Night 20

17 Decibel Levels Beach Drive/DC-3 dbc 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am Daytime 75dBC 8am-11pm 12am Fri,Sat,Holiday Nighttime 70dBC 11pm-8am rd Noise Study: Saturday March 3 rd 7pm-1am 1st Study 2nd Study 3rd Study Evening 3rd Study Night 3rd Study late Proposed Day Proposed Night 21

18 Decibel Levels Daytime 75dBA 8am-11pm 12am Fri, Sat, Holiday Nighttime 65dBA 11pm-8am Central Ave/DC-1 dba 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 55 2nd Study 3rd Study Evening 3rd Study Night 3rd Study Late Proposed Day Proposed Night 22

19 Decibel Levels Central Ave DC-1 dbc 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am Daytime 80dBC 8am-11pm 12am Fri,Sat,Holiday Nighttime 70dBC 11pm-8am nd Study 3rd Study Evening 3rd Study Night 3rd Study Late Proposed Day Proposed Night 23

20 Decibel Levels Daytime 85dBA 8am-11pm (1am Fri, Sat, Holiday) Nighttime 65dBA 11pm-8am Jannus Landing Block dba 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 1st Study 2nd Study 3rd Study Evening 3rd Study Night 3rd Study late Proposed Day Proposed Night 24

21 Decibel Levels Daytime 87dBC 8am-11pm (1am Fri, Sat, Holiday) Nighttime 70dBC 11pm-8am Jannus Landing Block dbc 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 1st Study 2nd Study 3rd Study Evening 3rd Study Night 3rd Study Late Proposed Day Proposed Night 25

22 Decibel Levels Daytime 85dBA 8am-11pm (1am Fri, Sat, Holiday) Nighttime 65dBA 11pm-8am Jannus Live dba 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 1st Study 2nd Study 3rd Study Evening 3rd Study Night Proposed Day Proposed Night 26

23 Decibel Levels Daytime 87dBC 8am-11pm (1am Fri, Sat, Holiday) Nighttime 70dBC 11pm-8am Jannus Live dbc 1 st Noise Study: Saturday April 8 th 8:30pm-11:30pm 2 nd Noise Study: Saturday November 11 th 9:00pm-1:00am 3 rd Noise Study: Saturday March 3 rd 7pm-1am 1st Study 2nd Study 3rd Study Evening 3rd Study Night Proposed Day Proposed Night 27

24 Decibel Levels Type equation here. 28

25 Decibel Levels Downtown Center-Core (DC-C). (Adopted 2007) The Downtown Center-Core District is the most intensive district in the City's schedule of regulations. The purpose of this district is to create a diverse and vibrant downtown which serves as a center for employment, entertainment and retail activity. This district, hugging Central Avenue, allows the highest densities, intensities and building height. Development in this district provides appropriate pedestrian amenities, pedestrian linkages, ground level retail, and cultural activities. The design of buildings and streetscaping (both hardscape and landscape improvements) promotes a successful people-oriented downtown area as defined in the intown redevelopment plan. Residential uses are allowed as a secondary use within the district. Uses that do not require a central location or those requiring a vehicular emphasis are less appropriate in this location and are discouraged Downtown Center-1 (DC-1). (Adopted 2007) This district provides for intense mixed-use development which creates a strong mixture of uses that enhance and support the core. Office and other employment uses are highly encouraged. Development in this district provides appropriate pedestrian amenities, pedestrian linkages, ground level retail, and cultural activities. Buildings and streetscaping (both hardscape and landscape improvements) are designed in a manner that promotes a successful people-oriented downtown area as exemplified and defined in the intown and intown west redevelopment plans. 29

26 Noise Site Special Exception Decibel Levels Limited to DC-C, DC-1, IT, IS and EC zoning districts City or owner initiated Would combine aspects of noise standards and Land Development regulations. Examples of Proposed Specific Site Criteria compatibility with the surrounding properties and uses. Proximity to residential within overlay Proximity to other zoning categories Hours of live music operation Anticipated decibel levels Number of proposed events a month Anticipated attendance based on capacity and promotion Indoor or outdoor music venue Likely impacts on traffic and public right-of-way Size location and orientation of speakers Stage construction and orientation Noise study and mitigation 30

27 Implementation 1. Noise Enforcement officers 3-4 full time officers dedicated to noise enforcement One member to provide staff reports, and technical recommendations to the noise board American National Standards Institute certified Review Temporary Use permits 2. Noise Board 5 members all ANSI certified 1 professional in acoustics or an engineer 1 representative of the construction industry 3 Citizens at large Review Noise Site Special Exceptions Appeal Process Noise Ordinance Update 3. Effective date delay to allow PD to staff up and allow businesses to adjust noise level or install mitigation (example violation notices, handouts, etc ) 4. Review of businesses that may have to adjust, or seek an individual permit, based on noise survey information 36

28 Noise Ordinance Update Options before PS&I: 1. Continue with existing ordinance, modify penalties. 2. Modify the current ordinance. 3. Adopt decibel based proposal. 37

29 Noise Ordinance Update Option #1 Continue with Existing Ordinance Modify Penalties Maintain Plainly Audible o Distances ranging from Opportunities for Improvement o o Progressive penalties 30 day suspension of permits, or City shall seek Injunctive relief from courts. Increase compliance assistance resources Noise Board Noise Enforcement officers Total cost of Enforcement: Total start up equipment costs: $146,172 Total cost of equipment plus staff: $324,852 38

30 Noise Ordinance Update Option #2 Modify Current Ordinance Reduce radii distances o Work with noise expert to determine these distances o Sections (2) (3) (4) Create consistency with Receiving Land Use section and other sections Modify Penalties section to be more effective Modify mechanical equipment section Add regulation for street performers Create an Outdoor Performing Arts Venue use o o o Principal Use special exception use with specific standards Monitoring plan/annual event plan Require a noise mitigation study LDR amendments: o o o Section Restaurants and Bars, Indoor and Outdoor Section Sidewalk café section Section Use Matrix should be amended Progressive penalties o 30 day suspension of permits, or City shall seek Injunctive relief from courts. Increase compliance assistance resources o o Noise Board Noise Enforcement officers Total cost of Enforcement: Total start up equipment costs: $146,172 Total cost of equipment plus staff: $324,852 39

31 Noise Ordinance Update Option #3 Adopt Decibel Based Proposal (Details of implementation language and procedures subject to additional legal review) Decibel based with dba and dbc o Residential limits o DC-Core/ DC-1 limits o Mixed-Use limits o Parks and Street Closure limits o Amplified Street Performer limits o Mechanical Equipment limits Penalties o Progressive Administration o Noise Enforcement Officers o Noise Board Other Considerations o Noise Site Special Exception o Temporary Event Use Permit o Sidewalk Speaker Cut-off Times o Outdoor Performance Venue Use o Exempt City Events and City Co- Sponsored events Codify 10pm cut off time Total cost of Enforcement: Total start up equipment costs: $156,172 Total cost of equipment plus staff: $334,852 40

32 Noise Ordinance Update Summary Comparison Decibel System Based on survey data Balanced o Retains vibrancy o Better protects residential Requires fewer personnel Enforcement more precise o Scientific readings reduce variables Clear allowances/limits More closely aligned with Star Communities criteria and recommendations Requires personnel and start up equipment costs o Addition sound meter equipment costs (approximately $10,000.00) Plainly Audible System (current) Large radii for specific noise sources o Larger than anything we ve seen o Citywide impact Requires more personnel to enforce Requires personnel and start up equipment costs Plainly Audible System (revised) New study required to identify P.A. distances Requires more personnel to enforce Requires personnel and start up equipment costs 41

33 Noise Ordinance Update Options before PS&I: 1. Continue with existing ordinance, modify penalties. 2. Modify the current ordinance. 3. Adopt decibel based proposal. 42

34 Thank You Discussion 43

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