Downtown Commission suggests tweaks to ‘agent of change’ noise requirements

The Downtown Commission wants the city to take a more proactive role in a proposed new measure that seeks to address friction over noise levels between new residential developments and existing music venues.

Last week’s meeting included a presentation on a pending requirement that would force developers building within 600 feet of a music venue to conduct a sound assessment prior to construction to determine if they should add sound mitigation measures to their hotel, condominium or apartment project. The measure, which has been proposed by the Development Services Department, would also require any buyers or renters to be informed of the possible noise issues and that the sound assessment had been conducted so they could make a more informed decision prior to buying or renting a property.

Members of the commission said the city should require that the exact findings of the sound assessments be provided to prospective customers instead of merely informing them of the possibility of noise issues. The argument for that requirement was that a prospective resident needs as much information as possible provided easily, especially concerning a quality-of-life issue such as noise levels that could play a major part in their decision.

“I would strongly encourage that if I were representing a buyer that was looking at a unit in one of these buildings and I knew there was an assessment that was done for my client’s interests, I would want to see that assessment,” chair August Harris said. “Making it publicly available is the appropriate thing to do. Making it transparent avoids questions that you might have otherwise and it avoids somebody walking on a project that they might have an interest in instead of moving forward with a unit, because that is not disclosed.”

Commissioner Taylor Major, who is a developer, said the city should also establish a standard requirement of what professional or entity needs to sign the verification that a sound assessment has been conducted during the site plan review process. He said that in the past, other portions of the site plan process have seen him held to different standards on different projects because of DSD staff having different interpretations of the city’s regulations.

“A lot of the issues I run into sometimes with staff is when there’s ambiguity. It might be worth sort of fleshing out what is acceptable certification, because one staff member who’s reviewing it might say a signature from the architect is OK, and a different staff member might want to see something different,” he said. “They can create challenges for developers if the rule is not hard and fast about what is and what is not acceptable for the certification.”

Brian Block, the city’s nightlife and entertainment services manager, said the feedback from commissioners would be taken into consideration as DSD moves forward with the proposed measures that are scheduled to go before City Council next month. If approved, they would take effect in October and only cover new developments entering the site plan review process.

That approval would close nearly a decade of discussion and work to address tensions between entertainment businesses and development, especially in dense areas such as downtown. Block noted the sound mitigation requirements would not impose any changes in building standards for developers, nor would they affect established music venues that are already regulated by noise ordinances to operate at acceptable levels.

“The intent here is this would have as light a touch as possible on the development review process, that it wouldn’t include a staff review, that it wouldn’t lengthen the time or process related to the development review, and that it wouldn’t have an impact on housing affordability,” he said.

Photo by Nash Cook, CC BY-SA 2.0, via Wikimedia Commons.

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Posted In: Music & Entertainment, District 9