Council could decide ‘agent of change’ noise dispute issue, after nearly a decade of debate

This week, City Council could end nearly a decade of waiting and staff work to settle disputes between music venues and new developments moving into all areas of the city.

Today’s Council meeting will include a proposed ordinance change concerning sound assessments for new residential and hotel buildings, which since 2015 have been at the center of the so-called “agent of change” initiative. The issue concerns the impacts of those who build in proximity to music venues that operate within the city’s noise limits but can create disturbances for new residents or hotel guests.

A high-profile dispute between an East Sixth Street music venue and the Westin Austin Downtown hotel in 2015 made agent of change a hot topic for music stakeholders and developers, with Council’s eventual creative ecosystem omnibus including it as a high-priority matter. Assorted road maps and preliminary plans followed in the years prior to the Covid-19 pandemic, which made it temporarily irrelevant, and earlier this year staff revived the issue at meetings of the Music Commission and Downtown Commission.

The proposed ordinance change, led by the Development Services Department, mandates that developers of new building projects located within 600 feet of venues holding an outdoor music permit must perform sound tests during live performances. Those tests would assess the potential noise impact on their residential units, the inhabitants of which would need to be informed in the purchase or leasing agreements of the findings and any possible noise or quality-of-life issues.

The proposed requirements would not impose additional obligations on live music venues near new developments. Instead, developers would have to determine the necessary level of soundproofing for their projects. This disclosure requirement aims to enable residents or buyers to discuss their terms with property owners, considering potential noise concerns.

In the early years of debate over the agent of change issue, city leaders looked into requiring soundproofing for new developments within the sound field of outdoor venues or other businesses where live music could travel and impact residents. Those measures were seen as tough to enforce legally in Texas. Proposed soundproofing requirements for music venues that could contribute to noise complaints were seen as a nonstarter as well.

If the change is approved, city staff would create a mapping tool to reliably guide developers through the process of determining if their projects are within the triggering boundaries of an outdoor live music venue or other performance venue. There would be no required staff review of the sound assessments conducted by developers, nor any new building standards for their projects.

The likely passage comes somewhat in tandem with the city making it far easier to open live music venues and other performance spaces throughout the city, due to separating those uses from the traditional bar and nightclub zoning designation that has a high regulatory standard to clear for permitting and planning approval.

Prior to endorsing the proposed requirements in April, members of the Music Commission expressed gratitude for city staff finding an acceptable solution to preventing noise disputes from impacting live music venues and opportunities for local musicians to perform.

At a similar meeting in April, the Downtown Commission didn’t vote on the changes but expressed concern that there should be standards set for the kinds of sound assessments conducted for triggering projects. The commission also pushed for the city to require that the exact findings of the required sound assessments be provided to prospective occupants, rather than informing them of the possibility of noise issues.

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