Nate Rau

nrau@tennessean.com

A dispute over noise complaints in the Midtown neighborhood is highlighting the tension between a city seeking to lure residents to pricey urban condominiums and music venues looking to capitalize on the ongoing entertainment boom.

A Change.org petition seeking to ease outdoor noise restrictions for Midtown venues garnered over 6,100 signatures as of Wednesday afternoon.

Already one prominent venue, Soulshine Pizza, which was subjected to several noise complaints from nearby residents last fall, has entered into a legal agreement with Metro to suspend concerts with amplified music until its patio is enclosed. The company's founder and co-owner said that between legal fees and construction costs, the noise issue has already cost Soulshine $140,000.

But Midtown residents say other venues have created noise concerns by playing dance music late into the night. Residents say the current $50 fine for noise complaints is too low and the city needs to ramp up enforcement of noise violations in order to maintain quality of life for existing residents and attract new people to the various condos under construction.

Bars in the Midtown area have been subject to 82 noise complaints since Jan. 1 2016, police records show. In some cases, multiple calls lead to a single complaint.

A video provided by an Adelicia resident showed loud, thumping bass-driven dance music playing at night.

"It’s a quality of life issue and it’s about property values long term,” said Michael Davis, who lives in the nearly 10-year-old Adelicia condominium complex, where residents have filed various noise complaints in recent weeks against the newly opened Kung Fu Saloon. “We need some sort of understanding between residents and the businesses. But thumping music until 2:30 (in the morning) is not an answer.”

Metro Councilman Freddie O'Connell, whose district includes Midtown, said the time has come for Nashville to re-examine its noise ordinance.

"I have asked (Vice Mayor David Briley) for his permission to form an ad hoc committee or working group to study and bring forward recommendations about the noise ordinance and its implementation throughout Davidson County," O'Connell said.

Michael Fabrizio, whose band Fabrizio and the Fever has played Soulshine multiple times in recent years, started the Change.org petition. He also owns Red Roots Music, a full service music company whose bands have played several nearby venues. Fabrizio lauded Soulshine for consistently paying fair booking fees, and expressed concerns that noise complaints could deter venues from hosting bands.

"We work in the Midtown community very often, weekly really, and we know all the musicians, we know all the venues, we know all the bar owners. And I just felt bad really," Fabrizio said. "I felt bad (Soulshine owner Chris Sartin) had to spend all that money out of pocket and that just a couple of people could bring attention to an issue that, to me, doesn't make sense on why it's an issue.

"As I started to talk to friends and started the friends and researched the issue, I realize it's a global issue. It's been an issue in Australia, and cities (across the U.S.) and all over the world."

At Soulshine, the issue was amplified music on an outdoor patio without enclosure, which is prohibited by the city. Sartin, the co-owner, said he didn't start the petition and planned to abide by the agreed-upon court order. Sartin said that while other Soulshine locations are primarily pizza places that happen to have music, the Midtown location is a music venue that happens to serve pizza.

He said the company takes pride in paying musicians and being integrated in the local music community. Following noise complaints, the issue went to local court and ended in the agreed order that Soulshine will only host acoustic music until the patio is enclosed.

The evolution of Demonbreun Street

The situation at the Adelicia is slightly different. Many of the residents there moved in and bought the pricey condos, ranging from $400,000 all the way up to about $1 million, before the live music venues took off.

Davis, who moved into Adelicia when it opened in 2007, said noise issues got worse once Kung Fu Saloon in December opened and that residents have banded together to file complaints when the late night noise is too much. Some nights, Davis says the bass music wakes residents up in the middle of the night. Kung Fu Saloon did not respond to a voicemail on Wednesday seeking comment.

Rebar, Winners, Losers and Two Boots Pizza are other music venues that host live music in the Midtown area. Fabrizio said it's encouraging to working musicians to see a new cluster of venues crop up in recent years.

"You have a community forming and supporting one another and we just don't want to see that go away," he said.

Another resident said the situation demonstrates the city hasn't thoroughly pondered more condo developments and hotels being built in a neighborhood with more bars arriving as well.

Kung Fu Saloon opens this week in Midtown

“It’s a question of how do you coexist?” said Adelicia resident Paul Kusserow. “The city has not grappled with the fact you have very expensive (residential units) building up in the Midtown area and the bars that are there, and how do you coexist? I think it’s pretty simple. You say after 9 or 10 you can't violate these parameters and if you do it’s a serious violation.”

O'Connell said he hopes a solution is within reach and plans to suggest a community meeting soon to bring stakeholders together to discuss the noise ordinance, its enforcement and what changes may be necessary.

Staff writer Joey Garrison contributed to this report. Reach Nate Rau at 615-259-8094 and nrau@tennessean.com. Follow him on Twitter @tnnaterau.

This story has been updated to reflect that Councilman O'Connell requested the committee to study noise earlier in January.