Arlington passed three ordinances on second and final reading Monday night, expanding the beer code to areas outside of the Depot Square area, eliminating the existing Business Entertainment (BE) Zoning District, and amending the zoning ordinance about bulk regulations, parking and Depot Square boundary.
The changes are effective immediately.
The beer code and BE Zoning District votes came over the objections of eight residents and business people who spoke up during public commentary, upset at what they believe is encroachment on Depot Square businesses, a potential threat to residential peace, and a chilling business development decision. Additional dissenters were represented by a petition.
Teresa Cochran of Gametime Sports Grill & Wings in Arlington said she’s all for progress but not for the proposed ordinances that would spread where beer can be sold. She asked if the board explained to homeowners what the beer and zoning ordinance changes would do in their neighborhoods versus keeping beer where it’s currently allowed.
“Do they really want beer where their kids are going to be riding their bikes, out in their neighborhoods?” she said. “… I wouldn’t want it in my backyard, and I really don’t think the residents of Arlington do either.”
Former Arlington mayor Russell Wiseman also spoke against the ordinances. He recalled early meetings with Depot Square Committee, starting in November 1998, when he was an alderman. He said the downtown was decrepit and ugly, but it transformed over time with zoning changes and with investment by business owners and the town. He then quoted an article that said development should not occur to the detriment of an existing town center.
“Changing the zoning to accommodate a potential applicant would cripple what has been started in our downtown area,” Wiseman said. “The area has an edge. Everybody knows that.”
Board member Brian Thompson, however, challenged the fears about the ordinance changes. He said the original BE Zoning District was created to spur growth in Depot Square, and there was so much opposition to having beer in any Arlington restaurants that limiting it to that smaller area was a compromise between residents and businesses. He said the debate regarding elimination of that zoning district needs to be confined to whether Depot Square is negatively affected.
He referred to the town’s 2010 Land Development Plan and said the design guidelines will prevent Airline Road from turning into another highly commercialized Germantown Parkway, as some residents have feared. The Land Use Plan was created when the town was around 0.9 percent commercial development. At full build-out, the plan has the entire town of Arlington at just 9 to 11 percent commercial development.
“So is that not controlled growth?” Thompson said. “It’s right here. So to say that development is going to get out of hand because of making this change, I don’t agree with that.”
He also said that beer sales have varied among Depot Square restaurants – some having beer from Day One, others adding it over the past few years, and still others that don’t sell beer at all.
“So I’d submit that Depot Square is not what it is today because of beer permits,” Thompson said. “I think it is what it is because of the town’s commitment to improvement, developing and executing the master plan, making Depot Square a focal point for community events, and the dedication of the people who do own businesses down there. That’s why it’s successful.”
Thompson said he’s also heard from many people who favored the ordinance changes.
Mayor Mike Wissman said he has talked to most of the Depot Square restaurant owners to get their input and explain the town’s direction, and he hopes that businesses and residents understand the board’s choices.
“There are tough decisions that this board has to make. There are tough decisions this staff has to make,” Wissman said. “Just like I talked to the restaurant owners, they have to run their businesses, and sometimes we have to run the town. And I think this town has shown the commitment to Depot Square, hands down, and they will in the future.”
Town planner Heather Sparkes provided brief overviews of the ordinances.
Chris Burcky of Arlington helped gather a petition opposing the proposed changes to municipal code on beer sales and on the elimination of the BE Zoning District. The petition garnered 185 signatures online and more than 200 on paper (duplications were not calculated).
“I hear the revenue conversation,” Burcky said. “I understand that. The economic vitality of the town is important to me too. But I do worry about chasing revenue for revenue’s sake.”
Larry St. Clair of Arlington said his concern is about the SC1 zone falling over into the future Depot Square development area, muddling the business and design guidelines.
Cochran said she has heard that one large retailer is talking about moving, and empty spaces will discourage others. “That’s where the ghost town will begin.”
Jeff Williams of Arlington said this path seems to conflict with the town’s 2010 Land Development Plan and the 2013 Master Plan with historic Depot Square. He believes the currently proposed changes are being made to benefit a few property owners.
Wissman emphasized that the ordinance changes are not targeted to benefit any one developer or other individual; the changes have been discussed and postponed for a long time.
He also said residents need not fear that Arlington will become overdeveloped and lose its small-town charm. “We’re not Bartlett or Cordova. Cordova never realized they really had a square. Bartlett realized it when it was way too late. We’re not way too late. We’re still in the beginning stages.”
Details on the votes
The board amended proposed Ordinance 2014-07 before voting, changing the distance between schools/churches and on-premises beer sales to 0 feet in the B3 (Downtown Business) zoning district and 500 feet in all other zoning districts (B1, B2 and SC). Alderman and vice mayor Harry McKee proposed the 500-feet distance, and Glen Bascom II proposed the 0 feet distance.
- Votes on making the distance 0 feet for the B3 zone: Unanimously in favor; the amendment passed.
- Votes on making the minimum building-to-building distance between where beer is sold to churches or schools 500 feet in zones B1, B2 and SC: Four in favor and two against; the amendment passed. Dissenting votes were Oscar Brooks and Thompson. Wissman abstained.
- Votes on the amended Ordinance 2014-07: Four in favor and three against; the ordinance passed. Dissenters were aldermen Gerald McGee, Harry McKee and Jeff McKee.
There was no public commentary on Ordinance 2014-08, and it passed with one dissent from Gerald McGee.
Ordinance 2014-09 passed unanimously.
Other Business
The board also:
- Unanimously approved Ordinance 2014-10, reducing the number of members of the municipal Planning Commission from nine to seven. The commission will retain the position filled or appointed by the mayor and the position filled by one alderman. There are currently two vacant positions on the commission.
- Approved Resolution 2014-31 with one abstention by Bascom; this resolution was a routine measure to remove uncollectible taxes from the town’s certified rolls.
- Unanimously approved the purchase of a 0.931-acre parcel on the south side of U.S. 70, Parcel ID#A014200718, on the recommendation of town superintendent Ed Haley. He said the town has been trying to acquire the parcel since at least 2006. A couple of years ago, the lowest price the city was offered was $96,000. Today, the property owner is paying taxes on the parcel, now valued at $144,000. Haley said the owner was willing to sell for $50,000.
Written by Carolyn Bahm, Express editor. Contact her at (901) 433-9138 or via email to bartlett.editor@journalinc.com.
