The West Walnut Street overlay was passed by a 3-2 vote leaving current local businesses intact, but with restrictions.
The overlay concluded public debate of what began as a parking issue over six months ago. A city-appointed task force that created the overlay is set to review it every six months.
The Urban Commercial Overlay (UCO) served as a compromise between nine residential and business-owning task force members who voted to enact it.
One dissenter of the overlay, Jim Benelisha, was concerned that it would impact business growth negatively, lower West Walnut Street property values, and prevent expansion of current business.
The UCO passed Feb. 14 by the Planning Commission and Feb. 16 by the City Commission, with only a minor amendment.
After the City Commission vote, Commissioner Pete Paduch (one of two nay voters) said “Parking is not an issue, we’ve already done a study,” adding residents are concerned about lights and noise and there are already laws in effect to prevent adverse impact on the nearby neighborhood.
It is now the Board of Zoning Appeals’ task to decide whether or not special exceptions will be granted to any establishment wishing to serve beer any closer than 500 feet to the next restaurant or bar serving alcohol.
In addition to this, there was no parking created by the compromise to deal with the current problem.
Other restrictions placed on businesses include (but are not limited to) the ability to use rear entrances past 11 p.m., and given any rear entrance the addition of an expensive buffer consisting of vegetation and fence.
One prominent West Walnut Street property owner is concerned that the “Change in Use” amendment to the UCO would hinder him in renting properties given fluctuating business seen in similar places like the West Walnut Street shopping center which houses businesses such as SBX Books. The problem he cites is any change in usage requires currently unavailable additional parking since it will not be “grandfathered in.” Consequences of this compromise largely affect quality of life, of the business sector and the nearby neighborhood.
Before voting, the City Commission discussed some doubts about the UCO. Commissioner Ricky Mohon questioned the legality of forbidding someone to use a section of his or her property, whether it is to go outside and smoke, have a drink, or eat a sandwich.
Paduch asked whether or not it was the Board of Zoning Appeals’ jurisdiction to decide questions about who could or could not obtain an alcohol license.
In the end however, the only amendment was a minor one affecting how much space and seating would be included in a special exception appeal to serve alcohol closer than 500 feet to the next usage that does.
Mayor Steve Darden motioned the issue to vote with the admission, “This is really not something we can stand around and do nothing about,” leaving police to enforce the current B-3 parking code with which a great majority of businesses are non-compliant.
A re-zoning request was submitted months ago by a West Walnut Street business owner, which would make businesses compliant with parking without restrictions.
Some Tree Streets residents including Patty Sorenson (also a member of the overlay task force) disagreed with this re-zoning request saying “it would allow current businesses to expand into their parking lots to increase occupancy, possibly adding further stress to West Maple Street parking.”
One Walnut Street business owner was concerned about encroachment into his parking lot, as well as raising a fairness issue for those who have spent time and money creating compliant parking.
Other neighboring homeowners also included concerns about quality of life, such as late night activity in bars and restaurants, producing noise pollution as well as citing safety problems.
After six months of public debate, a compromise may have finally been reached.
Mayor Darden said that not everybody can be happy with a compromise, but there must some resolution.
Given its location and integral part of university life, the future of West Walnut Street will undoubtedly impact ETSU students and faculty for better or worse in decades to come.

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