The sound of music

Outdoor noises none of neighborhood’s favorite things

The reason cities have planning departments, regulations and code enforcement is it’s not always easy for people to live peacefully in proximity to one another.

Put a property owner on a piece of land south of Summers in Washington County and it’s pretty easy to get by without those government types coming in telling him or his distant neighbors what to do. What’s the need? But once folks start crowding together in cities where lots are relatively tiny and a mixture of activities are crammed into tighter spaces, what people do on their properties can quickly become other people’s business.

For more than 20 years, the neighbors who live in the 51-lot Centerbrook subdivision in Fayetteville have had to make the goings-on to their north and east their business. That’s where ventures like Academy Sports & Outdoors, Razorback Theater, Target, apartments and office buildings have been going up since the mid-1990s. It was back then — long after the subdivision was built — when the owners of 300 acres nearby asked the city to rezone that acreage for commercial development, creating CMN Business Park. People living in Centerbrook resisted the rezoning, which came anyway. But city leaders brokered an agreement designed to promote the development of offices — quiet offices — near the existing homes.

Then came Jody Thornton and his magnificent plan for a brewery and music venue in 2015. He proposed JJ’s Beer Garden & Brewing Co., a 11,774-squarefoot building and outdoor space that’s a great fit for a college town. The location? Less than 500 feet from Centerbrook homes where people have day jobs or whose kids have to get some sleep so they have a reasonable chance to get a good grade on that science test at school.

That agreement from the 1990s, however, stood in the way, so Thornton asked the city to revise it so his venue could be built. The Planning Commission voted 6-2 for the change. At most, Thornton said, the venue would see 16 to 18 shows per year. The Fayetteville City Council soon followed the Planning Commission, with a unanimous vote. The venture became a reality and hosts outdoor concerts drawing 1,600 people on average.

With one hitch. The city’s Planning Department staff in December 2015 recommended a condition: Outdoor music performances should be limited to one night per week, Thursdays, ending by 9 p.m. The Planning Commission agreed.

Nothing is permanent in city regulation. With JJ’s Beer Garden established and with its growing popularity, Thornton now wants Fayetteville officials to open the taps on more outdoor music. In addition to Thursday shows, Thornton says, he’d like permission for 18 other shows each year and he’d like the music to continue until 11 p.m. On Tuesday, the Planning Commission tabled the request.

Shock of shocks, the planning staff says it has received multiple complaints from nearby residents about noise from JJ’s. But Thornton says his business has grown more popular than he had imagined. And why not? It’s an outstanding venue with outdoor activities like volleyball, shuffleboard and even an small wading pool.

All things being equal, it’s a fun place to hang out, listen to music and have a beer. But so was Woodstock, and nobody suggests that would be an appropriate use next door to a neighborhood.

We can’t blame Thornton for asking. He says booking acts for Thursday evenings only has been difficult and the venue has had to turn away charitable organizations wanting to hold fundraisers there. The city isn’t unsympathetic. Its Planning Commission even held a special meeting last Thursday to grant an emergency permit for a charity event this Sunday.

At that meeting, Thornton said he hopes to return with his request for more music next year after studying ways to mitigate the noise issues.

“We heard the neighbors loud and clear,” he said.

We hope so. But when it comes right down to it, Thornton is a businessman trying to maximize his opportunities to make money. It’s the American Way. Perhaps he’ll find a solution, although he earlier said he had cost concerns about sound-dampening options between the venue and the subdivision.

He knew the very real limitations on the location before he invested in the property. The city made the compatibility concerns extremely clear. While we applaud JJ’s success, it’s reasonable for Fayetteville to expect him to live within the deal he made to get the place built. And it’s reasonable for the people living in Centerbrook to expect their city to protect their interests in the investments they’ve made in their homes and their quality of life.