Council approves expanded alcohol area and late-night outdoor music permit at Live Oak venue with 85 dB limit and six-month review

The Midland City Council on July 22 approved a zoning-specific-use designation (SUD) expanding the area where on-site alcohol may be sold at the Venue at Live Oak, and separately approved a one-year temporary land-use (TLU) permit to allow outdoor amplified music after 10 p.m. on Thursday, Friday and Saturday nights — subject to two council-added conditions: an 85-decibel maximum at the venue property line for outdoor music and a six-month council review of the permit.

The owner, Steve Jeter, said the venue remains primarily a wedding and events facility but has added a stage and requested that the serviceable alcohol area be expanded to include that new outdoor space. Planning staff told council the proposed SUD conforms with the Tall City Tomorrow comprehensive plan and that the property owner holds an active Texas Alcoholic Beverage Commission license. Planning staff also said notices were sent to nearby properties and that objections from addresses outside the 200-foot notification buffer did not trigger the 20 percent objection threshold that would require a super-majority vote.

Neighbors and nearby property owners urged caution. Speakers said music had become louder and more frequent after the addition of an outdoor stage, that bass carries across open land and that music had been audible inside nearby homes and on porches late at night. Several residents also raised safety concerns and reported other incidents they attributed to events at the venue. In public comment the venue’s owner and a security representative said he provides private security or peace officers at events when warranted and has taken steps to contain sound, including a new stage orientation and a fence.

Council actions and conditions: Council approved the SUD and the TLU after a lengthy public hearing. Because outdoor amplified music after 10 p.m. is not permitted by right in city code, the TLU was required for after-hours outdoor music. During the TLU deliberation council added a condition limiting outdoor music to no more than 85 decibels measured at the property line and directed that the permit be reviewed at a council meeting in six months. Council also required the applicant to comply with other standard event conditions in the TLU: minimum restroom facilities, a minimum peace officer presence as required by the police department, compliance with fire marshal requirements for tents and booths, trash clean-up and pre-event notifications.

A council member disclosed a potential conflict and abstained from part of the discussion because of a business relationship with the venue’s advertising; council proceeded with the vote. Council members said the six-month review would allow the city and council to assess whether mitigation measures were working and to take further action if complaints continue.

Next steps: The TLU is effective for one year beginning Aug. 1. Any event or configuration outside the approved conditions will require a separate TLU and additional notice to affected neighbors. Staff said the condition specifying an 85-decibel limit is not in the city’s code and was added on the floor as a permit condition; enforcement will rely on periodic monitoring, police response to complaints and the council’s ability to revoke the TLU if conditions are not met.