The Fruit Yard wants to hold outdoor concerts, but faces opposition from neighbors

The Fruit Yard is proposing a 3,500-person amphitheater for outdoor concerts at its 44-acre site at Geer Road and Highway 132 east of Modesto.

The Stanislaus County Planning Commission will consider the project Thursday and is certain to hear from nearby homeowners who say it’s the wrong location for an entertainment venue.

Owner Joe Traina proposes a 5,000-square-foot covered stage, a parking lot, temporary parking areas and lighting to accommodate 12 annual events in spring and summer. The Fruit Yard’s proposal would add a 1,600-square-foot gazebo in the existing park and an electronic reader board sign, though county planning staff members are not recommending the new sign.

The grass-covered amphitheater was not included in a rezone for an expansion of the business approved by the county in 2008. It was graded without permission from county planning, which told the owners they needed a use permit before holding events.

The Fruit Yard, including a restaurant, gas station, store, fruit stand and park-like grounds, has hosted weddings and Graffiti festival events in the past. In December 2015, the county granted a time extension for building a 9,000-square-foot banquet hall and other improvements.

Residents in the rural area have complained about loud music emanating from the bar and events held at the center. And they fear the noise will only get worse if outdoor concerts with amplified music are allowed.

Richard and Barbara Heckendorf suggested to the county last week that the business should be limited to six concerts a year with non-amplified music. Residents also have concerns about traffic, security and the glare from additional lighting proposed at the center.

“It is going to change the nature of this area and our way of life dramatically,” said Barbara Heckendorf, who has lived for 26 years on Weyer Road, a quarter mile east of the business.

Heckendorf said the 3,500-person venue has more capacity than theaters at the Gallo Center for the Arts in Modesto. “Traffic will be a huge problem,” Heckendorf said. Drivers already take a shortcut on Weyer and Jantzen Road when cars back up at the Geer and 132 stoplight.

“We sometimes get traffic going 60 to 80 mph down our 35-mph road,” said Michelle Bell, who is raising a family with her husband on Weyer. “We’re afraid what will happen on the night of these events.”

Neighbors said that previous events with live music have produced a thumping, base sound that keeps them awake.

The residents, in letters to the county, said they attended a meeting with Traina in September 2015 and don’t believe their issues were addressed. Their letters said they doubt the business will comply with county restrictions placed on the operation.

Traina did not return a message from The Modesto Bee on Monday.

According to a county staff report, a noise analysis was done in February 2016 and the results were incorporated in measures to address noise levels.

Miguel Galvez, deputy planning director, said the acoustical tests will be done at the first two events to see if the concerts are conforming with the county noise ordinance or the volume should be turned down.

The county has not required improvements for the Geer-and-132 intersection. The state Department of Transportation is proposing measures for channeling traffic in and out of the site during events.

According to conditions for the permit, events will end at 10 p.m. if held Sunday to Thursday and at 11 p.m. Friday and Saturday.

“We think we have done an objective review of the project,” Galvez said. The planning and community development department could bring the use permit back in for enforcement if the business does not comply with the conditions, he said.

The county Planning Commission will meet at 6 p.m. Thursday in the basement chamber of Tenth Street Place, at 1010 10th St., Modesto.

This story was originally published April 17, 2017 at 5:30 PM with the headline "The Fruit Yard wants to hold outdoor concerts, but faces opposition from neighbors."