Music to continue at beer garden

Business gets permit changes

FAYETTEVILLE — A restaurant and music venue on the north side of town can continue having outdoor concerts on Thursday nights pending a Planning Commission review in August.

Planning commissioners on Monday changed certain provisions in the conditional use permit for JJ’s Beer Garden and Brewing Co. at the southwest corner of Steele Boulevard and Van Asche Drive. A neighborhood and several businesses lie near the establishment.

The original permit, granted in 2015, allows the place to have concerts from 6- 9 p. m. on Thursday. A hearing was held May 29 after violations of the permit were reported.

The violations mostly pertained to sound checks outside the established hours and parking violations. The commission tabled the issue until Monday’s meeting after a lengthy discussion.

In the meantime, an online petition emerged with

more than 5,300 signatures stressing support for the establishment and its summer concert series.

The commission’s options were to do nothing, revoke the permit or make amendments.

Owner Jody Thornton gave a presentation to the commission using cardboard slides touching on several issues. Thornton included a survey he asked neighbors and nearby businesses to fill out. A majority of neighbors who responded to the survey stressed support for the business and its events, he said.

The business has done what it can to appease neighbors and city officials, Thornton said.

Plans have been submitted to enclose the space, which would require either another permit or rezoning the land.

Thornton said he would be open to looking at the possibility of rezoning.

Thornton also specifically called out Planning Commissioner Sloan Scroggin, saying he had taken part in organized dissent against the business. Thornton included screen captures of social media posts from Scroggin.

Scroggin, who has announced his intention to run for City Council representing Ward 3, said his posts reflect he cares about the neighborhood.

About 50 members of the public spoke. Many said revoking JJ’s Beer Garden permit to host concerts would serve as a detriment to the city. Several neighbors said something had to be done about the noise.

The commission ended up allowing sound checks from noon to 1 p.m. on Thursday or 1:45 p.m. to 2:45 p.m. in case of an extenuating circumstance. Parking will also be allowed south of the building outside concert times.

Commissioners are set to review the business’ compliance with the revised conditions on Aug. 28. Chairman Matt Hoffman said he wanted to see sustained compliance from the business before considering other changes to the permit.

A motion from Commissioner Porter Winston to allow concerts from 6-9 p.m. Friday and Saturday failed. Thornton asked the commission to consider additional nights coinciding with Bikes, Blues & BBQ and Razorback

football games. Any planned concerts outside the Thursday time frame will have to gain Planning Commission approval.

In other business, the commission approved 8-0 a development plan for a 47-unit apartment complex south of 15th Street near the Parksdale neighborhood.

Plans for Backwater Cove Apartments at 735 W. 15th St. call for two 18-unit buildings, two six-unit buildings and a pool house. In addition, 110 parking spaces would be included.

Police who reviewed the plans recommended including measures following the “eyes on the street” concept of design.

The idea is that crime could be deterred through visibility, open spaces and lighting, rather than heavy police presence.

As such, conditions for the project include building a sidewalk connecting to Greathouse Park, which would allow pedestrian connection to Town Branch trail. Planning staff additionally recommended lights be installed along the connection.

Winston made the motion to approve the plan with the recommended safety design measures included.